Michael A. Fagone
How Judge Fagone rules, drawn from 24 signed orders. Every observation links to the order it came from.
How Judge Fagone decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court allowed a Chapter 13 case to continue where the debtor proposed verifiable separation of lawful earnings used for plan payments.
“The Debtor’s modified plan does not run afoul of section 1325(a)(3) because it does not”
Procedural preferences
A motion or claim objection should identify specific facts and the legal ground supporting the requested relief.
“A request for relief must ‘state its grounds with particularity[.]’”
Cautions
A stay-pending-appeal request should address every required factor with evidence rather than assertion.
“A movant’s failure to satisfy all four prongs of the standard for granting a stay pending appeal”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court grants the Fee Application in part, but awards compensation less than that”
“The Fee Application is therefore granted, in part, on the terms in this order.”
“The Motion is therefore denied.”
“The Fee Application is granted in part on the terms set forth in this order under 11”
“the Court hereby DENIES the application without prejudice.”
“Summary judgment will therefore be granted in part.”
The court continued the trustee's dismissal motion and directed another meeting of creditors; no final motion outcome was entered.
“For these reasons, the Motion is hereby denied.”
“denied in part on the following terms:”
“the Application is granted in part and denied in part on the following terms:”
“The trustee’s motion to dismiss is therefore denied without prejudice.”
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Fagone, and what has not, cited to the signed orders.
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