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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Client Reviews
Reviewed by S. M. April 25, 2020
Friendly, upfront and organized.
We have never had to hire an attorney for anything as most things in conflict we have been able to handle on our own. Our luck changed on this instance and was referred Mr. Bopp by a friend. The entire experience was great from start to finish. We were never in the dark and Fred was always up front. He kept us well informed throughout the entire process and in the end everything was resolved as he said it would be. There was no blown smoke or unrealistic expectations. It seemed calculated based on his experience and allowed us to have a great understanding of the process. Would highly recommend Fred to anyone needing legal advise or help. Very personal touch to the case and this helped keep stress down over the entire ordeal we were going through.
Reviewed by Joe F. March 27, 2020
Provided me with the best experience and outcome for my civil issues
My partner and I hired Mr. Fred Bopp, esq. to help us get out of a one-sided lease. Upon the initial meeting with Mr. Bopp, we were amazed by the level of service and care we were given. Mr. Bopp sat down with us for over an hour and went through every page of the lease. He thoroughly explained each section and gave his candid thoughts on them. He was able to reference many similar cases (some dating back decades) which were applicable to ours. We left the meeting with an definite sense of relief, knowing that we were in good hands. As the process progressed, Mr. Bopp negotiated with the other party on our behalf, drafted and reviewed multiple settlement agreements and ultimately got us the exact outcome we wanted. Mr. Bopp provides a level of service that you simply do not get with other professionals and attorneys.
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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
Video Chat and Conferencing
  • FaceTime
  • Zoom
  • FreeConferenceCall
  • GoToMeeting
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
104 Questions Answered

Q. If my at will tenant paid a month's rent. I'm evicting her, (7 day) can i keep rent for damages?
A: First, Maine law provides: "If a tenant who is 7 days or more in arrears in the payment of rent pays the full amount of rent due before the expiration of the 7-day notice in writing, that notice is void." It sounds like you can no longer evict your tenant, but you can keep the rent she (presumably) paid for the month. Generally speaking, she can remove an item she attached with bolts, but she would need to restore your property to the same condition it was in before she attached the item.
Q. Do I have to allow property manager entry to my unit to film a walkthrough during stay at home order?
A: The first thing you want to do is review your lease to see if there is any language in it addressing this situation. As to the COVID issues, on April 15, 2020 the Maine Department of Economic and Community Development (DECD) released new guidance for its previous determination that real estate activities are an “essential business” during the stay-at-home order issued by Governor Mills in response to the COVID-19 pandemic. This latest guidance adds new requirements and restrictions to buyers and sellers of all residential properties, and commercial multi-unit properties with more than four units. The guidance does not specifically address other types of real estate activities or other types of commercial real estate properties. The DECD guidance can be viewed at this link: https://www.maine.gov/decd/sites/maine.gov.decd/files/inline-files/Real%20Estate%20is%20an%20essential%20business%20%28002%29.pdf In addition to the requirements contained in the DECD guidance, the Portland City Council voted on April 14, 2020 to extend its own stay-at-home order. In doing so, the city decreed that real estate agency activities shall not be allowed with regard to any occupied residential multifamily properties of more than four units, or with regard to an occupied residential multifamily property of four units or fewer in which the property owner is not a resident. The city’s order notes that all other real estate activities must comply with the DECD guidance outlined above. A copy of the April 14 City Council order can be viewed at this link: https://portlandme.civicclerk.com/Web/GenFile.aspx?ad=5082 https://www.natlawreview.com/article/covid-19-maine-decd-issues-new-statewide-guidance-real-estate-activities
Q. Hello so I have a couple questions. My father and myself are on the deed to our house, my name being first then his, he
A: Generally speaking, when applying for MaineCare long-term care benefits, the applicant’s primary residence will be an excluded asset if: 1. They are living in the home or intend to return home; and 2. The equity in the home is less than or equal to $750,000. For planning opportunities and advice that is more tailored to your specific facts, you really should consult with an expert in this area. The fact that your name is first on the deed has no impact on the result.
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Contact & Map
Bopp & Guecia
298 Main Street
Yarmouth, ME 04096
Telephone: (207) 846-6111
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