Fred Bopp III

Fred Bopp III

Trusted Advisor to Individuals and Businesses
  • Real Estate Law, Construction Law, Bankruptcy...
  • Maine, Massachusetts, New Hampshire
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Summary

My legal practice has focused on significant complex commercial civil litigation and negotiations (for plaintiffs and defendants), the pursuit and enforcement of creditors' and debtors' rights and remedies, bankruptcies, reorganizations, insolvencies, liquidations, restructurings, receiverships, workouts, collections, contract review and negotiations, sale transactions, appeals, mediations, arbitrations, and related matters in and out of state and federal court. I am a longstanding trusted legal advisor to banks, other financial institutions, lenders, businesses, asset acquirers and sellers, landlords, tenants, health care administrators, executives, and other individuals and entities. I am admitted in the state and federal courts in Maine, New Hampshire, and Massachusetts, have appeared before the bankruptcy courts in Maine, New Hampshire, Massachusetts, Illinois, Delaware, and New York, and have considerable experience representing clients in preference, fraudulent transfer, and director and officer litigation, creditors committee matters, trustee matters, relief from stay, claims allowance and disallowance, compensation, § 363 and receivership sales, Chapter 11 plan confirmation, and other bankruptcy and non-bankruptcy matters. I am AV Peer Review Rated for Legal Ability and Ethical Standards by Martindale-Hubbell and my peers have selected me for inclusion in The Best Lawyers in America every year since 2005, in the fields of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation – Bankruptcy. I am also a member of the American Arbitration Association National Panel.

Practice Areas
  • Real Estate Law
  • Construction Law
  • Bankruptcy
  • Landlord Tenant
  • Business Law
  • Collections
  • Arbitration & Mediation
  • Consumer Law
  • Insurance Claims
  • Appeals & Appellate
  • Probate
  • Traffic Tickets
Additional Practice Areas
  • Creditors’ and Debtors’ Rights and Remedies
  • Complex Commercial Civil Litigation
  • General Civil Litigation
Fees
  • Rates, Retainers and Additional Information
    I normally work on an hourly basis, with a set hourly rate that is flexible, depending on the nature of the matter and certain other factors.
Jurisdictions Admitted to Practice
Maine
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Massachusetts
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New Hampshire
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1st Circuit
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Languages
  • English: Spoken, Written
Professional Experience
• Senior Member, Bankruptcy/Creditor and Debtor Rights and Litigation Practice Groups
Perkins Thompson, P.A.
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Former Co-Trustee of Firm’s 401(k) Plan; General Counsel; and Chair, Bankruptcy/Creditor and Debtor Rights Practice Group; served for many years as member of Executive, Recruiting, and Associate Development Committees.
Education
Vanderbilt University Law School
J.D. (1989) | Law
Honors: Order of the Coif; Vanderbilt Law Review – Articles Editor 1988-1989; Archie B. Martin Memorial Medal; Edmund M. Morgan Prize; American Jurisprudence Awards
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Dartmouth College
B.A. | History
Activities: Officer, Sigma Alpha Epsilon; Debate Team
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Awards
Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law “Lawyer of the Year” for Portland, Maine
The Best Lawyers in America
Only a single lawyer in each practice area and community is honored by The Best Lawyers in America with a “Lawyer of the Year” award.
Professional Associations
American Bankruptcy Institute
Member
Current
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Massachusetts State Bar # 642071
Member
- Current
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New Hampshire State Bar # 13886
Member
- Current
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Maine Bar # 006829
Member
- Current
Activities: Bankruptcy & Reorganization Section and Consumer & Financial Institution Law Section
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American Bar Association # 00210482
Member
- Current
Activities: Business Law Section, Section of Litigation, and Law Practice Division
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Publications
Articles & Publications
Trigild Deskbook: Guide to Receivership & Foreclosure, 5th Edition
Trigild
Deconstructing Preference Claims in Bankruptcy
Maine Bar Journal
To Reaffirm or Not to Reaffirm: Much Ado About Nothing or the Tempest
Maine Bar Journal
The Unwarranted Implication of a Warranty of Fitness in Commercial Leases: An Alternative Approach
Vanderbilt Law Review
Websites & Blogs
Website
Legal Answers
89 Questions Answered

Q. I have a second home in Maine and a neighbor wants to buy it; do we have to list it in the MLS if we agree?
A: No; you do not need to list on MLS. A private sale is perfectly fine. Listing on MLS will expose your home to a broad pool of potential buyers, which may or may not result in a higher selling price, but it is not mandatory. Good luck!
Q. I closed on a house in Hartford Me. It required flood insurance This was set up and money given for escrow
A: Not to answer your question with a question (or two), but what needed to be paid such that they asked you for more money after closing and who is "they"?
Q. what type of deed do i have ???
A: From the facts as you state them, the deed created a tenancy in common between you and your wife, because that is the default rule in Maine unless the deed states otherwise. What this means is, when she died, her property share passed to her heirs rather than to you as the surviving tenant, so you are a co-owner with her 4 children.
Q. Without my consent or knowledge someone built a complete house on my property in Belfast, MA. Who owns it now ?
A: The folks who built the home own the home, but they are trespassing on your property, so you would have the ability to bring a lawsuit seeking to compel them to move the home off your property and restore your property to the condition it was in prior to them building the home. Another possible option you would have would be to sell these folks part of your property, sufficient to make their home a legal dwelling where it sits.
Q. I invested money with my uncle now he will not give me my money what can I legally do?
A: The answer depends on what your agreement was with your uncle when you agreed to invest with him. If you have the right to request your money back at any time, then you can likely sue him in an effort to force him to give it back to you.
Q. What is the age requirement for a person to be counselled by an elder care lawyer?
A: There is no age requirement, so to speak. One can begin planning for elder law issues, depending on what those issues are, early on in life, if that makes sense. We do provide elder law services and would be happy to speak with you further. www.boppguecia.com
Q. Is my girlfriend allowed to gain the title to her trailer after a profit loss write off on the mortgage?
A: I am sorry, but I would need more information in order to analyze this situation properly. For starters, who is the owner you reference above? Is this person the owner of the trailer? If not, who is the owner of the trailer? Also, who is the holder of the mortgage? Finally, why do you say you now cannot pay on the mortgage?
Q. If i can get a fax # I could send it for review. I live in California so its 3 hrs different.
A: My fax # is (413) 702-3124. My email is fbopp@boppguecia.com. Please email me so I have your email address. We will need to run a conflict check, which I can explain further via email. Thank you.
Q. We purchased a house in maine and want to close by April 30th 2020. Sellers are trying to stop us
A: If you have a purchase and sale agreement, reviewing that will be a good place to start in looking for an answer. I would be happy to review it and advise you.
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Contact & Map
Bopp & Guecia
298 Main Street
Yarmouth, ME 04096
USA
Telephone: (207) 846-6111