Fred Bopp III

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.

Vanderbilt University Law School

J.D. (1989) | Law

1989

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

1984

Activities: Officer, Sigma Alpha Epsilon; Debate Team

• Senior Member, Bankruptcy/Creditor and Debtor Rights and Litigation Practice Groups

Perkins Thompson, P.A.

1989 - 2018

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

2018

Deconstructing Preference Claims in Bankruptcy

Maine Bar Journal

April, 2013

To Reaffirm or Not to Reaffirm: Much Ado About Nothing or the Tempest

Maine Bar Journal

2000

The Unwarranted Implication of a Warranty of Fitness in Commercial Leases: An Alternative Approach

Vanderbilt Law Review

1988

Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law “Lawyer of the Year” for Portland, Maine

The Best Lawyers in America

2017

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

Massachusetts State Bar  # 642071

Member

1999 - Current

New Hampshire State Bar  # 13886

Member

1998 - Current

Maine Bar  # 006829

Member

1989 - Current

Activities: Bankruptcy & Reorganization Section and Consumer & Financial Institution Law Section

American Bar Association  # 00210482

Member

1989 - Current

Activities: Business Law Section, Section of Litigation, and Law Practice Division

Maine

Since 1989

Massachusetts

Since 1999

New Hampshire

Since 1998

1st Circuit

Since 2003

• 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

Q. Landlord options if they miss required window to notify tenant of increase in rent

January 26, 2023

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?

November 29, 2022

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.

November 16, 2022

A: Then it is not part of the contract.

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