J. Michael Deasy

How Judge Deasy rules, drawn from 16 signed orders. Every observation links to the order it came from.

Judge Deasy no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the District of New Hampshire
Position
bankruptcy
Status
Retired 2013
Served
1999–2013
Commissioned
1999-01-01
Signed orders read
16

How Judge Deasy decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A full-payment Chapter 13 plan was confirmed where the record showed no inaccurate financial disclosures, dishonesty, or misleading conduct.

“The Trustee has not alleged any facts to suggest that the Debtors have inaccurately stated their debts and expenses, that the Debtors have been less than honest in the bankruptcy process, or that the Debtors have misled the Court.”

A confirmed plan that fully paid a prepetition support claim bound the support creditor to plan distributions rather than further tax-refund interception.

“DHHS was bound by the provisions of the Modified Plan and was obligated to accept distributions from the chapter 13 trustee in satisfaction of its allowed prepetition domestic support claim.”

Procedural preferences

An agreed home-loan modification should be presented through plan treatment or stay-relief resolution rather than as a stand-alone approval request.

“As a stand-alone motion, the Motion does not present the Court with any case or controversy. Accordingly, the Motion is DENIED.”

Cautions

A Chapter 11 cramdown rate required a risk adjustment above prime; a zero adjustment prevented confirmation.

“the Plan cannot be confirmed at the proposed cramdown interest rate”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Notinger v. Migliaccio (In re Financial Resources Mortgage, Inc.)
09-14565-JMD; 10-1075-JMD · 2012-02-29
Summary judgment (Philip Migliaccio and Melanie Migliaccio) Granted in part

“For the reasons explained above, the Court will grant the Motion to the extent that the Trustee has asserted claims on behalf of the estate of FRM as the summary judgment record reflects that none of the transfers at issue involved funds ever titled to FRM. The Court will otherwise deny the Motion as there are genuine issues of material fact as to whether the Migliaccios can trace all of their funds.”

In re Egan
11-13924-JMD · 2012-04-27
Motion to avoid lien (Daniel R. Egan) Granted

“Accordingly, the Creditors do not hold any liens on the Property.”

In re Richall
11-12767-JMD · 2012-05-11
Motion to dismiss bankruptcy case (Lawrence P. Sumski, Chapter 13 trustee) Denied

“For the reasons set forth above, the Trustee’s Motion to Dismiss shall be denied, and the Court shall confirm the Debtors’ Plan.”

Chapter 13 plan confirmation (Donald Richall and Selena Richall) Granted
In re Bloom
11-12411-JMD · 2012-06-20
Motion to enforce divorce decree (Pamela A. Bloom) Granted in part

“For the reasons set forth above, the Court will issue a separate order granting in part and denying in part Bloom’s Motion to Enforce.”

In re Moultonborough Hotel Group, LLC
10-14214-JMD · 2012-11-08
Chapter 11 plan confirmation (Moultonborough Hotel Group, LLC) Denied

“For the reasons set forth in this opinion, the Court concludes that (1) the Plan cannot be confirmed at the proposed cramdown interest rate, and (2) the release of the Attar contempt claim in the Plan is a reasonable exercise of the Debtor’s business judgment.”

In re McGrahan
· 2011-04-22
Motion to modify chapter 13 plan (Robert S. McGrahan) Granted

“Accordingly, the Motion shall be granted and the Proposed Modified Plan shall be approved.”

In re Visconti
· 2011-05-09
Motion to convert case to chapter 13 (Debtor) Denied

“For the reasons set forth above, the Debtor has forfeited his right to convert to chapter 13 and, therefore, the Court shall enter a separate order denying the Motion.”

In re Momenta, Inc.
· 2011-08-19
Application for administrative expense (Ningbo Chenglu Paper Products Manufacturing Co.) Granted in part

“For the reasons set forth in this opinion, the Drop Shipments were not ‘received by the debtor’ as required by § 503(b)(9), and therefore Ningbo’s request for allowance of an administrative expense claim in connection with those shipments shall be disallowed. Ningbo’s request for an administrative expense claim of $23,070.95, shall be allowed because it meets the requirements of § 503(b)(9) and cannot be disallowed under § 502(d).”

In re Watson
· 2009-10-26
Motion to modify chapter 13 plan (Lawrence P. Sumski, Chapter 13 trustee (Watson)) Denied

“For the reasons set forth above, the Court shall issue orders consistent with this opinion denying the motions without prejudice to the Trustee filing new or amended motions to modify the Debtors’ confirmed plans.”

Motion to modify chapter 13 plan (Lawrence P. Sumski, Chapter 13 trustee (Jewett)) Denied
Motion to modify chapter 13 plan (Lawrence P. Sumski, Chapter 13 trustee (Philibert)) Denied
In re Smith
· 2009-07-23
Motion to approve loan modification (Debtors) Denied

“As a stand-alone motion, the Motion does not present the Court with any case or controversy. Accordingly, the Motion is DENIED.”

FIA Card Services, N.A. v. Finnerty (In re Finnerty)
· 2009-10-30
Nondischargeability claim under section 523 a 2 a (FIA Card Services, N.A.) Denied

“For the reasons set forth above, the Court finds that FIA did not meet its burden under § 523(a)(2)(A) of proving the nondischargeability of the $6,900 in charges on the Debtor’s account. Consistent with this opinion, the Court will enter a separate judgment for the Debtor, and her obligations to FIA are not excepted from discharge under § 523(a).”

In re Perrotta
· 2008-06-17
Motion to dismiss trustee motion (Laura Perrotta) Denied

“For the reasons set forth above, the Motion shall be denied.”

Caseload & timing

From public federal docket records for this judge.

All five retained matters were terminated. The median recorded duration was 111 days, and one motion-rich docket supplied six express outcomes.

A historical record

Judge Deasy 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.