Fred Bopp III

Fred Bopp III

Trusted Advisor to Individuals and Businesses
  • Real Estate Law, Construction 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
  • Construction Law
  • Bankruptcy
  • Landlord Tenant
  • Business Law
  • Collections
  • Arbitration & Mediation
  • Consumer Law
  • Insurance Claims
  • Appeals & Appellate
  • Probate
  • 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
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Massachusetts
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New Hampshire
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1st Circuit
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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
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Dartmouth College
B.A. | History
Activities: Officer, Sigma Alpha Epsilon; Debate Team
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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
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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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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
107 Questions Answered

Q. I owe 875 dollars back rent and she is also suing me for a plane ticket she bought me. We had no lease
A: You likely owe the amount of $875, even without a written lease, because leases can be oral and, as you say, you agreed to pay that amount in a text. It is difficult for me to respond on the plane ticket. What was your and her understanding at the time she bought the ticket? Was the ticket a gift from her to you? Was it understood she would buy it and you would pay her back?
Q. Who owns property left in house/garage after closing. Located in Maine.
A: Although I realize this is not a landlord-tenant situation, I would think if you followed the procedure outlined under Maine law for personal property that is abandoned or unclaimed by a tenant following the tenant’s vacating a rental unit, which can be found at 14 M.R.S. § 6013, you should be fine. http://legislature.maine.gov/statutes/14/title14sec6013.html
Q. I have a question about real estate law.
A: Yes, you have potential recourse, including without limitation, possible claims for fraud, misrepresentation, and breach of statutory duties, but the clock is ticking. The general statute of limitations in Maine to commence a civil action (lawsuit) is "6 years after the cause of action accrues and not afterwards . . . .” 14 M.R.S. § 752. With only a few exceptions, Maine does not apply the discovery rule to determine when the statute starts to run, which means that the cause of action accrues, regardless of whether any injury is discovered, on the date that the injury to the plaintiff is sustained. Stated another way, mere ignorance of a cause of action does not prevent the statute of limitations from running. Accordingly, it is very important that you act quickly and seek competent legal advice about your specific situation as soon as possible. I have successfully handled several of these types of claims for clients.
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Contact & Map
Bopp & Guecia
298 Main Street
Yarmouth, ME 04096
Telephone: (207) 846-6111