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United States Bankruptcy Court
District of Connecticut

 

Judicial Misconduct
and Disability

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Chief Bankruptcy Judge
Hon. Albert S. Dabrowski

Clerk of Court
Gary M. Gfeller

Clerk's Office
ABRAHAM RIBICOFF FEDERAL BUILDING
450 Main Street
Hartford, CT 06103
(860) 240-3675

Selected Opinions (2012)
 
DATE JUDGE TOPIC CASE NAME/DOCKET NO.
 
11/19/2012 Weil Landlord’s/Debtor’s debt to former tenant with respect to security deposit held by debtor pursuant to C.G.S. §47a-21 held nondischargeable under 11 U.S.C. § 523(a)(4). In re Anthony Hall (Case No. 10-33258; Adv. Proc. No. 11-3004)
09/28/2012 Weil Debtor’s unauthorized disposition of creditor’s collateral did not give rise to a claim of nondischargeability under 11 U.S.C. §§ 523(a)(2), (4) or (6) on the facts presented. In re Cesar G. Silva (Case No. 10-33586;Adv. Proc. No. 11-3007)
09/28/2012 Weil Ruling determining the effect of C.G.S. § 34-144 on evidentiary privileges and the like of the subject limited liability companies as against such companies’ members. In re Douglas M. Newman (Case No. 10-31518;Adv. Proc. No. 10-3105)
09/28/2012 Weil Ruling determining that a nondischargeability claim that money, property, services or credit was obtained from the creditor by the debtor’s fraud may not be raised under 11 U.S.C. § 523(a)(6); debtor given leave to rebrief the merits post-trial under 11 U.S.C. § 523(a)(2)(A). In re Jo-Ann Stabler (Case No. 10-33521;Adv. Proc. No. 11-3011)
09/26/2012 Shiff Memorandum of Decision & Order on ODC's Renewed Motion to Compel Arbitration and SAC's Motion to Stay Action In re NatTel, LLC (Case No. AP 07-05037)
09/18/2012 Shiff Memorandum of Decision and Order on Plaintiff's Fourth Amended Complaint, Alleging Violation of the Automatic Stay and Seeking a Student Loan Undue Hardship Determination In re Kenneth Desormes (Case No. 10-05014)
09/14/2012 Weil Grant of Default Judgment determining nondischargeability of debts pursuant to 11 U.S.C. Sections 523(a)(5) and 523(a)(15) In re Francis Barkyoumb (Case No. 10-30117;Adv. Proc. No. 10-3024
09/11/2012 Weil Memorandum and Order requiring submission of proposed findings of material fact re: subject matter jurisdiction over postconfirmation proceeding. In re New England National,, LLC (Case No. 02-33699;Adv. Proc. No. 10-3033)
09/11/2012 Weil Memorandum and Order requiring submission of proposed findings of material fact re: subject matter jurisdiction over postconfirmation proceeding. In re New England National,, LLC (Case No. 02-33699;Adv. Proc. No. 11-3058)
09/06/2012 Shiff Memorandum of Decision and Order on §523(a) Complaint In re Frank S. Giaccio (Case No. 10-05056)
08/21/2012 Weil Partial decision on motion to compromise In re Nuevo Pueblo, LLC (Case No. 04-32365 (ASD))
08/21/2012 Weil Partial decision on motion to compromise In re The Homesteads Community at Newtown, LLC (Case No. 04-30417)
07/03/2012 Weil Order for entry of final judgment with respect to federal income taxes for tax year 2001 pursuant to Fed. R. Civ. P. 54. In re Edward J. Waters (Case No. 99--31833)
06/12/2012 Weil Ship mortgage held perfected as against chapter 7 trustee under the “substantial compliance” standard of 46 U.S.C. § 31321. In re Wayne B. Sherman and Georgia B. Sherman (Case No. 11-32821)
06/01/2012 Weil Denial of IRS’s motion for Rule 54(b) final judgment as to 2001 tax year. In re Edward J. Waters (Case No. 99--31833)
04/30/2012 Weil As a matter of law, a debtor not entitled to discharge in a “chapter 20” chapter 13 case could not confirm a plan which proposed to “strip down” an undersecured mortgage claim. In re Alicia Rogers (Case No. 11-32961)
04/20/2012 Weil Holder of disputed claim had standing to prosecute objection to the chapter 7 discharge of debtor husband and debtor wife In re Amy Beth Finnimore and Robert Anthony Finnimore (Case No. 09-31497; Adv Pro. No 10-3036)
04/09/2012 Weil Debt held nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) in former husband’s chapter 7 case with respect to his vicarious liability for his former wife’s fraud. In re Douglas Richard Budnick a/k/a Douglas R. Budnick (Case No. 08-32646; Adv Pro. No 08-3117)
04/02/2012 Shiff Memorandum of Decision and Order Granting Defendant Tesoriere's Rule 12(B)(1) Letter Motion In re Indicon, Inc. (Case No. 11-05133)
03/21/2012 Shiff Memorandum of Decision and Order on Trustee's Objection To The Proof Of Claim of Pradella and Olich In re Richard H. Friedberg (Case No. 08-51245)
03/01/2012 Weil Order sustaining objection by debtor’s former wife to his claim of exemption with respect to alleged alimony debt pursuant to 11 U.S.C. § 522(d)(10)(D) on the grounds that the alleged alimony debt is, in reality, a disguised property settlement. In re Robert Virgili (Case No. 09-31897)
02/27/2012 Dabrowski Order on Trustee Application for Compensation In re Robert T. and Michelle DiLieto (Case No. 96-30842)
02/10/2012 Shiff Memorandum and Order Regarding Reconsideration of the Court's Prejudgment Remedy Order In re Sagecrest II LLC; Sagecrest Finance, LLC; Sagecrest Holdings Limited; Sagecrest Dixon, Inc. (Case No. 08-50754;Adv  Pro. No. 10-05042)
02/10/2012 Shiff Memorandum and order on Objection to Exemption In re Salvatore Taliercio and AnnMarie Taliercio (Case No. 11-51732)
01/04/2012 Weil Memorandum of Partial Decision concluding that the subject debt was discharged in part and not discharged in part pursuant to 11 U.S.C. Section 523(a)(2)(A) (subject to subsequent calculation of damages). In re Gregory Mitchell and Sharon Mitchell (Stutey v. Mitchell) (Case No. 08-30245; Adv Pro. No. 08-3136 )
02/07/2012 Weil Plan which proposes to transfer collateral to a secured creditor which has made an "election" under 11 U.S.C. § 1111(b) which transfer purports to be in full satisfaction of "any debt" as the "indubitable equivalent" of the secured claim could not be confirmed over the objection of the secured creditor because such plan treatment did not satisfy the "indubitable equivalent" standard and (as a result) did not satisfy the "fair and equitable" requirement of 11 U.S.C. § 1129(b)(2). In re Bridgeport Redevelopment, Inc. (Case No. 10-33102)
02/15/2012 Weil Brief Memorandum and Order converting Chapter 11 case to case under Chapter 7 of the United States Bankruptcy Code on motion of a creditor. In re Andrew John Julian (Case No. 11-30151)