Michael Joseph Melloy
How Judge Melloy rules, drawn from 26 signed orders. Every observation links to the order it came from.
Judge Melloy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Melloy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Chapter 12 eligibility may turn on the debtor's practical operational role in farming rather than formal ownership labels alone.
“George fed the hogs, made feeders, helped with the little pigs, power washed the hog house, and in general did whatever work was needed to help make a go of the hog operation.”
Procedural preferences
A request involving rents and profits should establish that the asserted interest was perfected under applicable state law before bankruptcy.
“The denial of Land Bank's motion in no way operates as a retroactive destruction of Land Bank's interest in rents and profits.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS THEREFORE ORDERED that the debtor's objection to the Internal Revenue Service priority claim is overruled.”
“IT IS THEREFORE ORDERED that the motion for summary judgment of Jimmie and Janet McKibbin is granted. The complaint filed by George R. Remer is dismissed.”
“IT IS FURTHER ORDERED that the motion for summary judgment filed by George R. Remer is denied.”
“IT IS THEREFORE ORDERED that the trustee's application to sell and assign the franchise agreement between the debtor and General Motors Corporation is denied.”
“IT IS THEREFORE ORDERED that the Plaintiffs' Motion for Summary Judgment is denied.”
“IT IS THEREFORE ORDERED that the motion to continue filed by the defendant, David Roger Good, is denied.”
“IT IS THEREFORE ORDERED that FmHA's objection to exemptions is overruled as to Debtors' homestead and sustained as to Nyle Robinson's tools of the trade.”
The court dismissed the Chapter 13 case after the debtor failed to prosecute a plan and comply with a deadline to challenge a tax sale.
“Debtors' motion to avoid liens is granted as to those items marked with an asterisk in paragraph 2 at page 2 above. The objection to lien avoidance filed by the Farmers Home Administration is sustained as to all other items listed in paragraph 2 at page 2 above.”
“IT IS THEREFORE ORDERED that Bank is the holder of a secured claim in Debtors' 1985 insurance check of $10,073, deficiency payment of $3,261, and an undetermined value of soybeans harvested from Debtors' 97 acres of farmland, presently in possession of Trustee.”
“IT IS THEREFORE ORDERED the Bank has no security interest in the proceeds of Debtor's 1985 com crop.”
“Furthermore, the Bank is required to turn over to the Trustee the net proceeds of $29,534.15 plus interest.”
“IT IS THEREFORE ORDERED that the motion to dismiss filed by Metropolitan Life Insurance Company is denied.”
“IT IS THEREFORE ORDERED the Trustee's objection is sustained and the Debtor's claim of exemption in his IRA is denied.”
A historical record
Judge Melloy no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.