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)

Hon. Michael A. Fagone · U.S. Bankruptcy Court (DMEB)

Role: Bankruptcy Judge

Bluebook Citation: Hon. Michael A. Fagone, 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), U.S. Bankruptcy Court (DMEB)

Judge Profile: Hon. Michael A. Fagone profile and standing orders


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=== Required Form of Order Granting Fee Application in a Chapter 13 Case. ===

NOTICE RE: JUDGE MICHAEL A. FAGONE’S REQUIREMENTS FOR PROPOSED ORDERS GRANTING FEE APPLICATIONS IN CHAPTER 13 CASES The following requirements are applicable to fee applications in chapter 13 cases in the United States Bankruptcy Court for the District of Maine assigned to Judge Fagone: 1. 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. 2. The Court may decline to act on an application, or may deny the application, when this requirement is not satisfied. 3. This requirement applies to chapter 13 fee applications filed on or after December 4, 2017. Judge Michael A. Fagone’s Requirements for Proposed Orders Granting Fee Applications Revised: 10/12/17 UNITED STATES BANKRUPTCY COURT DISTRICT OF MAINE In re Name of Debtor 1 & Name of Debtor 2 (if applicable), Debtor(s) Case No. XX-YYYY Chapter 13 ORDER GRANTING FEE APPLICATION OF [APPLICANT’S NAME] [Applicant’s Name] filed the [Title of Fee Application] [Dkt. No. XX] (the “Fee Application”). Notice of the hearing to consider the Fee Application was provided in accordance with the applicable provisions of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and this Court’s Local Rules. In the absence of timely objections or other responses to the Fee Application, the Court has reviewed the Fee Application and the docket in this case. The Fee Application is granted on the terms set forth in this order. [Applicant/Firm Name] is awarded [$______ ] as reasonable compensation for actual, necessary services rendered between [Dates Covered by Award], and [$_____ ] as reimbursement for actual, necessary expenses, for a total award of [$_______ ]. This award is made under 11 U.S.C. § 330(a)(4)(B) and, to the extent applicable, 11 U.S.C. § 329. Date: ______________________________ Michael A. Fagone United States Bankruptcy Judge District of Maine

=== Procedure for Proposed Orders. ===

NOTICE RE JUDGE FAGONE’S PROCEDURES FOR PROPOSED ORDERS IN ALL CASES AND PROCEEDINGS Unless otherwise ordered by the Court, the following requirements apply to any proposed order submitted in any case or proceeding assigned to Judge Michael A. Fagone. These requirements are applicable to all proposed orders, including Maine Bankruptcy Form 2B and Maine Bankruptcy Form 4. 1. 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. 2. 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. For example: The trustee filed his Application to Approve Compromise [Dkt. No. ____] (the “9019 Application”). 3. The form of order must contain the following signature block: Date: ____________________________ Michael A. Fagone United States Bankruptcy Judge District of Maine 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 (to allow sufficient space for a signature to be affixed). 4. Failure to comply with these procedures may result in denial of the motion, application, or pleading without prejudice, or the entry of an order directing compliance with the procedures and imposing sanctions for failure to comply. 5. These requirements apply to any form of order submitted on or after January 19, 2018. Judge Fagone’s Procedures for Proposed Orders Revised: January 5, 2018

=== Requirements for Relief From Stay forms of order in chapter 7, 12 & 13 cases ===

NOTICE REGARDING JUDGE FAGONE’S REQUIREMENTS FOR FORMS OF ORDER ON CERTAIN MOTIONS FOR RELIEF FROM STAY Unless otherwise ordered by the Court, the following requirements apply in cases assigned to Judge Fagone: 1. These requirements apply in cases under chapter 7, chapter 12, and chapter 13. 2. 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 (the “Standard Form of Order”). a. The movant may only modify the introductory and numbered paragraphs of the Standard Form of Order by (i) adding case and property specific information; (ii) addressing Fed. R. Bankr. P. 4001(a)(3) in the second paragraph; and/or (iii) adding the language described in D. Me. 9013-1(d)(1) regarding the 14-day window for objections. b. If the movant seeks relief beyond the relief described in the Standard Form of Order, the movant may only add such relief to the final paragraph in the space provided for “additional relief.” Any request for such relief must be specifically identified and explained in the body of the motion. 3. With respect to a form of order supplied by a movant with any motion for relief from stay, the form of order must not contain:  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. 4. Failure to comply with these requirements may result in the denial of a stay relief motion or the entry of an order directing compliance and imposing sanctions for failure to comply. 5. These requirements apply to forms of order submitted with stay relief motions on or after March 1, 2018. Judge Fagone’s Procedures for Certain Relief from Stay Orders Revised: January 23, 2018

=== Requirements for Forms of Order on Certain Motions to Avoid Judicial Liens Under 11 U.S.C. § 522(f) ===

JUDGE FAGONE’S REQUIREMENTS FOR FORMS OF ORDER ON CERTAIN MOTIONS TO AVOID JUDICIAL LIENS UNDER 11 U.S.C. § 522(f) Unless otherwise ordered by the Court, the following requirements apply in all cases assigned to Judge Fagone: 1. 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. 2. The debtor may only modify the Standard Form of Order by adding case, motion, and property specific information. 3. Failure to comply with these requirements may result in the denial of the motion or the entry of an order directing compliance and imposing sanctions for failure to comply. 4. These requirements apply to motions filed on or after August 1, 2019. Judge Fagone’s Requirements for Certain Proposed Orders Under Section 522(f) Revised: June 12, 2019 UNITED STATES BANKRUPTCY COURT DISTRICT OF MAINE In re: <NAME(S) OF DEBTOR(S),> Debtor(s) Chapter <INSERT CHAPTER NO.> Case No. <INSERT CASE NO.> ORDER AVOIDING JUDICIAL LIEN(S) The debtor(s) filed the [Title of Motion] [Dkt. No. ___ ] (the “Motion”). Notice of the hearing and the deadline for objecting to the Motion was provided in accordance with the applicable provisions of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and this Court’s Local Rules. Based on the uncontested factual allegations in the Motion, the Court concludes that the [debtor(s) is/are] entitled to relief under 11 U.S.C. § 522(f)(1). The Motion is therefore granted on the following terms: 1. The lien of [name the judicial lien holder] recorded in [name the registry and reference the book and page number] is hereby avoided under 11 U.S.C. § 522(f) with respect to the debtor(’s/s’) interest in the real property located at [describe real property by location and, if known, registry information for deed creating interest]. 2. [Replicate the foregoing paragraph if the Motion seeks to avoid more than one judicial lien. If not, delete this paragraph.] Dated: Michael A. Fagone United States Bankruptcy Judge District of Maine

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