Michael A. Fagone
How Judge Fagone rules, drawn from 28 signed orders. Every observation links to the order it came from.
About Judge Fagone
Michael A. Fagone has served as a United States Bankruptcy Judge for the District of Maine since April 2015. He remains on the court’s current roster.
Judge Fagone's practices and standing orders
Rules for cases before Judge Fagone, as published on the court's website (checked October 11, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
- Required Form of Order Granting Fee Application in a Chapter 13 Case ↗
- Procedure for Proposed Orders ↗
- Requirements for Relief From Stay forms of order in chapter 7, 12 & 13 cases ↗
- Requirements for Forms of Order on Certain Motions to Avoid Judicial Liens Under 11 U.S.C. § 522(f) ↗
Key rules
Filing
Give each proposed order a descriptive title; generic titles such as “Order Granting Motion” do not comply.
“The form of order must contain a descriptive title. For example: ‘Order Granting Relief from the Automatic Stay’ or ‘Order Approving Fee Application.’ The title of the order must not be ‘Order’ or ‘Order Granting Motion’ or anything similarly generic.”
Filing
In the first paragraph of a proposed order, identify the related filing and leave space for its docket number.
“The first paragraph of the form of order must (i) identify the motion, application, or pleading to which the order relates; and (ii) contain a space for identifying the docket number of the motion, application, or pleading.”
Filing
Use Fagone’s signature block without alteration, leave its date blank, and leave 1.5 inches of space above it.
“The signature block may not be altered, and the month, day, and year should be left blank (as shown above). There must be at least 1.5 inches between the last line of text in the proposed order and the signature block”
Filing
For that lien-avoidance order, alter the standard form only to add case, motion, and property details.
“The debtor may only modify the Standard Form of Order by adding case, motion, and property specific information.”
Motions
For a Chapter 13 fee application, supply an order substantially like Fagone’s form or explain in the application why a different order is needed.
“Any person seeking an award of compensation and/or reimbursement of expenses in a chapter 13 case must (a) supply the Court with a form of order that is substantially similar to the one attached to this Notice or (b) indicate that the applicant has supplied a form of order that is not consistent with Judge Fagone’s preferred form and explain why the entry of a different order is necessary or appropriate.”
Motions
For relief from stay to foreclose on a debtor’s principal residence in Chapter 7, 12, or 13, submit Fagone’s standard order form.
“If a party files a motion for relief from stay to permit the foreclosure of a mortgage on a debtor’s principal residence, the movant must submit the form of order attached to this Notice”
Motions
A proposed order granting relief from stay must not seek attorney fees or expenses, a proof-of-claim bar date, collateral surrender, or lien-priority findings.
“A request for an award of attorney fees or expenses; The establishment of a bar date for the filing of proofs of claim, or a deadline by which proofs of claim may be amended; The requirement that the debtor(s) surrender or deliver the collateral; or Findings about the perfection or priority of a lien or security interest.”
Motions
For a motion to avoid a judicial lien on the debtor’s principal residence, submit Fagone’s standard order form or explain in the motion why the proposed order differs.
“If a debtor files a motion to avoid a judicial lien under 11 U.S.C. § 522(f)(1) as to the debtor’s principal residence, then the debtor must either (a) submit the form of order attached to this Notice (the ‘Standard Form of Order’) or (b) indicate, in the motion, why the debtor has submitted a different proposed order.”
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”
In Levesque, the court declined to reconsider refusal to approve a reaffirmation agreement requiring nearly ten years of payments on a twelve-year-old vehicle.
“Such a lengthy repayment period for an already dated vehicle would not be in Ms. Levesque’s best interest.”
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.”
Draft for Judge Fagone with the record in hand
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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