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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 (2013)
 
DATE JUDGE TOPIC CASE NAME/DOCKET NO.
 
12/30/2013 Rosenthal Debtor in single creditor involuntary bankruptcy, in response to petitioning creditor’s prima facie showing, failed to demonstrate a “bona fide” dispute as to either liability or amount regarding any portion of the debt alleged in the petition. Further, the Court adopts the approach of sister courts in rejecting the so-called “almost per se rule” in single creditor involuntary petitions and instead applying a flexible, four-factor “guidepost” analysis in determining whether a debtor is generally not paying its debts as they come due. Court concludes that the petitioning creditor is entitled to an order for relief. In re EM Equipment, LLC (Case No. 12-31073)
11/25/2013 Rosenthal Chapter 7 Trustee failed to satisfy his burden in proving contempt by the debtor, the debtor's CEO or the debtor's attorney as alleged. Accordingly, a finding of contempt as to those individuals is denied and imposition of sanctions is similarly denied. In re Main Street Development Corp.(Case No. 11-31726)
11/22/2013 Shiff RE: Order on Motion for Relief From Automatic Stay. In re Connecticut Trade Co.(Case No. 13-51044)
11/21/2013 Shiff RE: Memorandum of Decision and Order on Trustee's Rule 9019 Motion. In re Richard H. Friedberg (Case No. 08-51245)
11/15/2013 Manning Debt for unpaid legal fees held to be discharged due to plaintiff's failure to carry its burden under 11 U.S.C. s. 523(a)(2). In re Rosenberg & Press, LLC v. Robert G. Feenstra (Case No. 12-31188; Adv Pro. No. 12-3068)
10/23/2013 Rosenthal RE: Assertions by attorneys for non-party LLCs of attorney-client privilege, work product protection and mediation privilege held, in light of an analysis of the particular circumstances presented, not to bar production of requested materials to LLCs' members pursuant to the provisions of C.G.S. 34-144(d) and C.G.S. 52-235d(b)(4). In re Harbor Marketing Inc.and Charles Barrow vs Douglas M. Newman(Case No. 10-31518; Adv. Proc. No. 10-3105)
10/01/2013 Dabrowski RE: Complaint regarding dischargeablity 523(a)(2)(A) and (4) In re Cameron D. Smith and Marianne O. Smith (Case No. 10-22729; Adv. Proc. No. 10-2189)
09/26/2013 Shiff RE: Memorandum of Decision and Order Under Bankruptcy Code Section 727(A)(4)(A). In re Eric Salinas (Case No. 12-5028)
08/27/2013 Dabrowski MEMORANDUM OF DECISION GRANTING PLAINTIFFS’ MOTION FOR [PARTIAL] SUMMARY JUDGMENT ON THE FOURTH CAUSE OF ACTION OF THE PLAINTIFFS’ COMPLAINT Official Committee of Unsecured Creditors of Affinity Health Care Management, Inc., et al v. Murray Wellner, et al (Case No. 08-22175; Adv. Pro. No. 10-2187
08/20/2013 Dabrowski re: 185 Objection to Paca Claim In re Quality Sales LLC (Case No. 12-20008
08/05/2013 Dabrowski Objection to Claim In re Alyssa S. Peterson (Case No. 10-23429)
06/12/2013 Rosenthal Memorandum and Order denying motion to dismiss and sustaining trustee’s objection In re Andrew John Julian (Case No. 11-30151; Adv. Proc. No.: 12-3077) 
05/08/2013 Rosenthal Brief Memorandum and Order denying as moot motion for relief from stay In re Elias Mendez and Enid Mendez (Case No. 10-32502)
04/24/2013 Dabrowski Order denying Motion to Determine Claim Status- net equity value In re Karen Wolmer (Case No. 12-22840)
04/22/2013 Weil Debt in landlord-tenant dispute held not discharged pursuant to 11 U.S.C. Sec. 523(a)(4) In re Lynne Hunt (Case No. 11-30652; Adv Proc. No. 11-3031)
04/22/2013 Weil Denial of chapter 7 discharge against Husband pursuant to 11 U.S.C. Sec. 727(a)(3) and Dismissal of Complaint against Wife for Lack of Standing. In re Amy Beth Finnimore and Robert Anthony Finnimore (Case No. 09-31497; Adv Proc. No. 10-3036)
04/10/2013 Shiff Memorandum of Decision on creditor CPC's Complaint In re The Community Preservation Corporation v. Mario Paniccia; Viking Acquisitions, LLC (Case No. 10-50259; Adv Proc. No. 11-5036)
03/27/2013 Weil Brief memorandum and order denying motion to compel non-party to appear and to produce certain records. In re Michael Healey (Case No. 10-32153; Adv Proc. No. 10-3110)
03/11/2013 Weil Approval of compromise pursuant to Bankruptcy Rule 9019. In re Nuevo Pueblo, LLC (Case No. 04-32365)
03/11/2013 Weil Approval of compromise pursuant to Bankruptcy Rule 9019. In re Homesteads Community at Newtown, LLC (Case No. 04-30417)
03/06/2013 Shiff Memorandum and Order on Debtor's Motion to Confirm Chapter 13 Plan In re (Case No. 10-52108
03/05/2013 Weil Adversary proceeding dismissed for lack of post-confirmation jurisdiction under 28 U.S.C. § 1334(b) In re New England National, LLC (Case No. 02-33699 Adv Proc No. 10-3033)
03/05/2013 Weil Motion to dismiss adversary proceeding granted in part for lack of post-confirmation jurisdiction under 28 U.S.C. § 1334(b), and denied in part. Remainder of the proceeding is determined to be a non-core proceeding and abstention is denied In re New England National, LLC (Case No. 02-33699 Adv Proc No. 11-3058)
02/19/2013 Weil Objection to discharge under 11 U.S.C. SEctions 727(a)(2)(A),(a)(3) and (a)(4)(A) overruled. In re Derek J. Portaluppi (Case No. 11-30020 Adv Proc No. 11-3021)
02/14/2013 Weil Motion under 11 U.S.C. 522(f)(1) denied because subject lien attached simultaneously with the debtor’s acquisition of the subject property interest. In re Amrik Singh and Geralyn Singh (Case No. 10-31706)
02/06/2013 Weil Fee application of attorney for Chapter 13 debtor granted in part and denied in part. In re Richard John Buglione (Case No. 11-30512)