Fred Bopp III

Fred Bopp III

Trusted Advisor to Individuals and Businesses
  • Real Estate Law, Business 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
  • Business Law
  • Bankruptcy
  • Landlord Tenant
  • Collections
  • Arbitration & Mediation
  • Probate
  • Appeals & Appellate
  • Consumer Law
  • Insurance Claims
  • 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
Massachusetts
New Hampshire
1st Circuit
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
Dartmouth College
B.A. | History
Activities: Officer, Sigma Alpha Epsilon; Debate Team
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
Massachusetts State Bar # 642071
Member
- Current
New Hampshire State Bar # 13886
Member
- Current
Maine Bar # 006829
Member
- Current
Activities: Bankruptcy & Reorganization Section and Consumer & Financial Institution Law Section
American Bar Association # 00210482
Member
- Current
Activities: Business Law Section, Section of Litigation, and Law Practice Division
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
44 Questions Answered

Q. I had a fraudulent charge ( somebody took money out online as cash advance), I got message from Bank Of America.
A: I am sorry, but I do not have sufficient information to answer your question. At a minimum, I would need to review a copy of your account agreement and copies of the two letters you received. Also, how much money have you lost at this point?
Q. We rent a lot in maine and the landlord has been looking in our windows and entering our home without notice. Legal?
A: To provide you with a complete answer, I would need to see a copy of your lease, because a lease will typically have provisions concerning the landlord’s access to the property the tenant is renting. Do you have a written lease? That said, and subject to the terms of your lease, I would say driving by our house at a crawl, while annoying, is probably ok unless it gets to the point of harassment. Walking around your yard without your permission sounds to me like it would typically violate the terms of your lease, and entering your home when she thinks nobody is home to put notes on your stove, again, without your permission, would almost certainly violate the terms of your lease. If the landlord has violated the terms of your lease, then you would have certain remedies, typically spelled out under the lease, and you may have additional remedies beyond what the lease states as well. In terms of getting a protective order, you would need to meet the requirements of the protection from harassment laws. More information on that is available here: https://www.courts.maine.gov/maine_courts/district/protection_orders.html
Q. Can I counter a low ball offer on my home and land with several options for the buyer? I am in Maine.
A: The answer is yes, but you should also understand that any counter you make will be deemed a rejection of the offer you received.
Q. real estate q. / 2011 divorce & family land?
A: My partner, Cecilia Guecia, would be happy to speak with you about this. Her number is (207) 846-6111. Thank you and best, Fred
Q. Do I have to give a customer back money on an overpaid check. (Private sale)
A: I think the short answer is yes. It sounds to me like you and your customer reached an agreement on how much he was to pay you, thereby establishing a contract. For some reason, he overpaid you. Unless he intended the overpayment as a gift, it seems to me he is entitled to have you return the extra money. Why don’t you reach out to him, point out the fact that you think he overpaid, and see what he says in response?
Q. What to do US District judge order! "there is in effect a stay in place with appeal." Yet, 2 parties took property!
A: I’m sorry, but I cannot understand your question as currently posed. If you are able to provide some additional facts, I will be happy to attempt to provide you with an answer.
Q. Is there a Statute of Limitation for representing the opposing party by an attorand giving away confodential information
A: Assuming that the claim you are asking about is one for legal malpractice, the statute of limitations under Maine law is 6 years. I express no opinion as to whether you have a viable claim for legal malpractice or otherwise.
Q. Can my Property represent me as Pro Se in an action for a Forcible Entry and Detainer?
A: I'm sorry, but I don't understand what you mean by "my Property represent me as Pro Se." Could you please try asking your question another way?
Q. Got evicted on a lease rent do they have to go threw the court if we dont leave
A: The short answer is they have to go to court to get you out. When that happens (or even before it does), you may want to consider hiring a lawyer to represent you.
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Contact & Map
Bopp & Guecia
298 Main Street
Yarmouth, ME 04096
USA
Telephone: (207) 846-6111
Fax: (207) 846-6113