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
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- New Hampshire State Bar # 13886
- Member
- - Current
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- Maine Bar # 006829
- Member
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- 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. Maine stop and identify laws?
- A: Yes, Maine does. See 17-A M.R.S. § 15-A. P.S. This is a criminal law question, not civil litigation.
- Q. Can my landlord kick me out for filing a complaint regarding my family’s safety?
- A: The question is whether the landlord's use of the garage "renders the dwelling unit unfit for human habitation." If so, "then a tenant may file a complaint against the landlord in the District Court or Superior Court. The complaint shall state that: A. A condition, which shall be described, endangers or materially impairs the health or safety of the tenants; B. The condition was not caused by the tenant or another person acting under his control; C. Written notice of the condition without unreasonable delay, was given to the landlord or to the person who customarily collects rent on behalf of the landlord; D. The landlord unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition; and E. The tenant was current in rental payments owing to the landlord at the time written notice was given. The notice requirement of paragraph C may be satisfied by actual notice to the person who customarily collects rents on behalf of the landlord." 14 M.R.S. § 6021(3).
- Q. I have no heirs and would like ideas as to how I might plan for my house and property and savings once I am gone.
- A: This is a pretty open-ended question, the answer to which will depend on, among other things, your priorities, values, and goals. I would suggest you start a conversation with someone who can help you achieve what you want to accomplish. That person could be a financial adviser or an attorney who practices in the estate planning area (or someone else). If you are interested in exploring these issues further with an attorney, my partner, Cecilia Guecia, practices in this area and I am sure she would be happy to discuss your situation with you. Her telephone number is (207) 846-6111 and her email is cguecia@boppguecia.com.