Fred Bopp III

Fred Bopp III

Trusted Advisor to Individuals and Businesses
  • Real Estate Law, Business 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
  • Business Law
  • Bankruptcy
  • Landlord Tenant
  • Collections
  • Arbitration & Mediation
  • Probate
  • Appeals & Appellate
  • Consumer Law
  • Insurance Claims
  • 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
Massachusetts
New Hampshire
1st Circuit
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
Dartmouth College
B.A. | History
Activities: Officer, Sigma Alpha Epsilon; Debate Team
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
Massachusetts State Bar # 642071
Member
- Current
New Hampshire State Bar # 13886
Member
- Current
Maine Bar # 006829
Member
- Current
Activities: Bankruptcy & Reorganization Section and Consumer & Financial Institution Law Section
American Bar Association # 00210482
Member
- Current
Activities: Business Law Section, Section of Litigation, and Law Practice Division
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
50 Questions Answered

Q. What rights do I have if a restaurant is encroaching on my property?
A: You’re going to need to get a survey done to determine the proper boundaries of your property, so your first step will be to figure out how you can afford to pay for one. Have you shopped around to compare prices?
Q. Does a 30 lot subdivision accessed by a private road allow lot owners to use said road only to access their property?
A: The initial answer to your question can likely be found in the homeowners’ association’s governing documents, which contain the rules, regulations, and all other contractual terms that members of the association are bound by. Members of homeowners’ associations have the right to review and copy all the governing documents also known as the official records of the association after written request. You are likely to find any restrictions on the use of the private road in either the Declaration of Covenants, Conditions & Restrictions or the Rules and Regulations, but you should examine all the homeowners’ association’s governing documents. That should be your starting point. Has the member you mention pointed to anything in the homeowners’ association’s governing documents to support her or his position?
Q. We have lived in our apartment for 6 years without complaint and the new owner says we can't smoke on our porch anymore.
A: I can’t answer your question definitively because I don’t have all the necessary facts, but I can tell you that Maine law provides, in part: “A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a tenant or will be used by a potential tenant as a primary residence shall provide to the tenant or potential tenant a smoking policy disclosure that notifies tenants or potential tenants of the landlord's policy regarding smoking on the premises in accordance with subsection 3.” 14 M.R.S. § 6030-E(2). “The notice must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas of the premises. If the landlord allows smoking in limited areas on the premises, the notice must identify the areas on the premises where smoking is allowed.” 14 M.R.S. § 6030-E(3)(A). A landlord may notify a tenant or potential tenant of the smoking policy by disclosing it in a written lease agreement, or providing a separate written notice to a tenant or potential tenant entering into a tenancy at will agreement. The landlord shall obtain a written acknowledgment of the notification of the smoking policy from a tenant or potential tenant before a tenant or potential tenant enters into a contract or pays a deposit to rent or lease the property. See 14 M.R.S. § 6030-E(3)(B)-(C).
Q. my sisiter owns a home in Fla. she would like to put me on the deed, I live in Maine . Do I need to physically be there
A: I don't know what Florida law requires, but I doubt it. If she is having an attorney draw up the deed in Florida, they will know.
Q. Can my landlord increase my rent in the middle of a lease?
A: You asked two very different questions. 1. As to whether your landlord can increase your rent in the middle of a lease, assuming you have a written lease, the landlord probably cannot increase the rent during the lease term. Read your lease to find out if it says something different. 2. The short answer is yes, but there are a number of fact-specific requirements involved. See this reference at pages 13-14: https://ptla.org/sites/default/files/tenants.pdf
Q. As a PR, how do I go about conveying my mother's house to my sister?
A: The general answer is you (as PR) would need to execute and deliver a deed regarding the subject property from the probate estate to your sister. I would urge you to contact an attorney to make sure this is done correctly. My partner, Cecilia Guecia, handles matters like this. You can reach her at (207) 846-6111.
Q. I had a fraudulent charge ( somebody took money out online as cash advance), I got message from Bank Of America.
A: I am sorry, but I do not have sufficient information to answer your question. At a minimum, I would need to review a copy of your account agreement and copies of the two letters you received. Also, how much money have you lost at this point?
Q. We rent a lot in maine and the landlord has been looking in our windows and entering our home without notice. Legal?
A: To provide you with a complete answer, I would need to see a copy of your lease, because a lease will typically have provisions concerning the landlord’s access to the property the tenant is renting. Do you have a written lease? That said, and subject to the terms of your lease, I would say driving by our house at a crawl, while annoying, is probably ok unless it gets to the point of harassment. Walking around your yard without your permission sounds to me like it would typically violate the terms of your lease, and entering your home when she thinks nobody is home to put notes on your stove, again, without your permission, would almost certainly violate the terms of your lease. If the landlord has violated the terms of your lease, then you would have certain remedies, typically spelled out under the lease, and you may have additional remedies beyond what the lease states as well. In terms of getting a protective order, you would need to meet the requirements of the protection from harassment laws. More information on that is available here: https://www.courts.maine.gov/maine_courts/district/protection_orders.html
Q. Can I counter a low ball offer on my home and land with several options for the buyer? I am in Maine.
A: The answer is yes, but you should also understand that any counter you make will be deemed a rejection of the offer you received.
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Contact & Map
Bopp & Guecia
298 Main Street
Yarmouth, ME 04096
USA
Telephone: (207) 846-6111
Fax: (207) 846-6113