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.
- 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/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
- 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
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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.
- Maine
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- Massachusetts
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- New Hampshire
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- 1st Circuit
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- English: Spoken, Written
- • 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.
- 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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- 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
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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
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- Activities: Business Law Section, Section of Litigation, and Law Practice Division
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- 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
- Q. Can I claim ordinary negligence and negligent misrepresentation against a vet in Maine instead of professional negligence? How similar cases handled in Maine small claims?
- A: A claim of negligence is a malpractice claim.
- Q. Looking for case re: a piece of property must be defined in such a way that it can be located on the face of the earth.
- A: Here is one such Maine case, which cites three other decisions:
"The description must be such as to enable a person to identify the real estate and to apply the description to the face of the earth. The description of the real estate must be certain or refer to that by which it can be made certain. Warren v. Norwood, 138 Me. 180, 187, 24 A.2d 229; Hunt v. Latham, 121 Me. 303, 117 A. 94; Perry v. Lincolnville, 149 Me. 173, 177; 99 A.2d 294."
Gray v. Hutchins, 150 Me. 96, 103, 104 A.2d 423, 427 (1954).
- Q. Hello can you tell me what typical commission fees would be on the sale of a 170 acre farm estate?
- A: Typically, the commission fees would be in the range of 5-6%, but they may be negotiable. You should contact multiple brokers and ask what their commission fees would be.
