
Fred Bopp III
Trusted Advisor to and Advocate for Individuals and BusinessesMy 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.
- 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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- • 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.
- 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
- 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.
- 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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- Maine
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- Massachusetts
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- New Hampshire
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- 1st Circuit
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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.
- Real Estate Law
- Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
- Construction Law
- Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Landlord Tenant
- Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Collections
- Arbitration & Mediation
- Business Arbitration, Consumer Arbitration, Family Arbitration
- Consumer Law
- Class Action, Lemon Law
- Insurance Claims
- Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Traffic Tickets
- Suspended License
- Creditors’ and Debtors’ Rights and Remedies
- Complex Commercial Civil Litigation
- General Civil Litigation
- English: Spoken, Written
- Q. Landlord options if they miss required window to notify tenant of increase in rent
- A: It depends on how you do it and what the terms of the current lease and your notice of rent increase provide. I would need to review the current lease and the notice of rent increase to provide you with an accurate and more complete answer. As a general matter, however, if you make it clear the higher rental amount applies to a new lease, which the existing tenant can either accept or decline, it seems to me if the tenant declines to accept the new lease, then you are free to allow the existing lease to expire and find another tenant. Please realize the terms of the documents could change this answer. Moreover, you should be extremely careful here because Maine law is very tenant-friendly and there are penalties for not properly and strictly following the applicable rules and procedures.
- Q. What are my options for getting out of this cosign situation?
- A: I agree with Attorney Denison's answer. The only thing I would add is you could always contact the lender, explain the situation, and see if they will remove you from the loan under any set of circumstances.
- Q. What if the realtor forgot to put in the contract a contingency addendum that the seller needs to find a home first.
- A: Then it is not part of the contract.