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KEY EQUIPMENT FINANCE, INC. v. HAWKINS

No. BCD-09-119.

985 A.2d 1139 (2009)

2009 ME 117

KEY EQUIPMENT FINANCE, INC. v. Benjamin P. HAWKINS.

Supreme Judicial Court of Maine.

Decided: December 8, 2009.

Attorney(s) appearing for the Case

Ralph A. Dyer, Esq., Law Offices of Ralph A. Dyer, P.A., Portland, ME, for Benjamin P. Hawkins.

Jacob A. Manheimer, Esq., Eric J. Wycoff, Esq., Pierce Atwood LLP, Portland, ME, for Key Equipment Finance, Inc.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.

PER CURIAM.

[¶ 1] Benjamin P. Hawkins appeals from a judgment entered on the Business and Consumer Docket (Cumberland County, Nivison, J.) finding Hawkins liable to Key Equipment Finance, Inc. (KEF), for a deficiency judgment resulting from a bankruptcy sale of equipment. Because the sale occurred as part of a judicial proceeding and KEF successfully rebutted the presumption that the proceeds would have equaled the sum of the secured obligation, expenses...

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