Wiand v. Garbellano, III
Adversary Proceeding
Lead BK case is: 4:22-bk-35311
Lead BK case is: 4:22-bk-35311
| New York Southern Bankruptcy Court | |
| Chapter 13 | |
| Judge: | Cecelia G Morris |
| Case #: | 4:22-ap-09018 |
| Nature of Suit | 67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny 62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud |
| Case Filed: | Aug 03, 2022 |
| Terminated: | Nov 02, 2022 |
| Last checked: never |
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Defendant
Rocco Garbellano, III
48 Clark Street
Poughkeepsie, NY 12601 |
Represented By
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Plaintiff
Burton W Wiand, as Receiver for OASIS INTERNATIONAL GROUP, LTD.; OASIS MANAGEMENT, LLC; and SATELLITE HOLDINGS COMPANY
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Represented By
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| Docket last updated: 05/23/2025 1:08 PM EDT |
| Wednesday, November 02, 2022 | ||
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misc
Close Adversary Proceeding
Wed 11/02 3:34 PM
Adversary Case 4:22-ap-9018 Closed. This Adversary Proceeding is Closed Subject to the Filing of a Notice of Appeal Within Fourteen (14) Days of the Entry of the Order Terminating this Adversary Proceeding. (DuBois, Linda) |
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| Tuesday, November 01, 2022 | ||
| 15 | 15
misc
Transcript
Tue 11/01 2:12 PM
Transcript regarding Hearing Held on 10/11/2022 at 9:43am RE: Response to Motion Plaintiff's Response in Opposition to Defendant's Motion to Dismiss Plaintiff's Complaint to Determine Dischargeability of Debt; et al. Remote electronic access to the transcript is restricted until 1/30/2023. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.) . Notice of Intent to Request Redaction Deadline Due By 11/9/2022. Statement of Redaction Request Due By 11/22/2022. Redacted Transcript Submission Due By 12/2/2022. Transcript access will be restricted through 1/30/2023. (Garcia, Pedro) |
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| Monday, October 24, 2022 | ||
| 14 | 14
order
Order, Dismissing Adversary Proceeding
Mon 10/24 5:04 PM
Order Dismissing and Closing Adversary Proceeding signed on 10/24/2022. (DuBois, Linda) |
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| Tuesday, October 11, 2022 | ||
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misc
Terminate Pending Deadlines
Wed 10/12 12:30 PM
Pending Deadlines Terminated RE: Pre Trial Conference; hearing held; MOOT; case dismissed. (Ashmeade, Vanessa) |
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misc
Terminate Pending Deadlines
Wed 10/12 12:32 PM
Pending Deadlines Terminated RE: Motion to Dismiss Adversary Proceeding filed by Anne J. Penachio on behalf of Rocco Garbellano III; hearing held, motion MOOT; case dismissed. (Ashmeade, Vanessa) |
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| Monday, October 10, 2022 | ||
| 13 | 13
ans
Statement
Mon 10/10 12:19 PM
Statement of Rule 26(f) Joint Report and Discovery Plan filed by Camille J Iurillo on behalf of Burton W Wiand. (Iurillo, Camille) |
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| Sunday, October 09, 2022 | ||
| 12 | 12
answer
Reply
Sun 10/09 12:49 PM
Reply to Motion / Plainitff's Opposiiton to Motioon to Dismiss Adversary Proceeding filed by Anne J. Penachio on behalf of Rocco Garbellano III. (Penachio, Anne) |
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| Wednesday, October 05, 2022 | ||
| 11 | 11
ans
Statement
Wed 10/05 2:25 PM
Statement of Plaintiff's Initial Disclosures Pursuant to Fed. R. Bankr. P. 7026 and Fed. R. Civil P. 26(a) filed by Camille J Iurillo on behalf of Burton W Wiand. (Iurillo, Camille) |
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| Tuesday, October 04, 2022 | ||
| 10 | 10
answer
Response
Tue 10/04 2:05 PM
Response to Motion Plaintiff's Response in Opposition to Defendant's Motion to Dismiss Plaintiff's Complaint to Determine Dischargeability of Debt filed by Camille J Iurillo on behalf of Burton W Wiand. (Iurillo, Camille) |
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Att: 1
Exhibit 1-Default Judgment
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| Friday, September 30, 2022 | ||
| 9 | 9
answer
Statement
Fri 09/30 12:49 PM
Statement of Initial Disclosures pursuant to Fed. R. Civ. P. 26(a) filed by Anne J. Penachio on behalf of Rocco Garbellano III. (Penachio, Anne) |
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| Thursday, August 25, 2022 | ||
| 8 | 8
misc
Certificate of Service
Thu 08/25 1:26 PM
Certificate of Service for Notice of Hearing on Motion to Dismiss Adversary Proceeding Filed by Anne J. Penachio on behalf of Rocco Garbellano III. (Penachio, Anne) |
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| 7 | 7
notice
Notice, Hearing
Thu 08/25 12:56 PM
Notice of Hearing on Motion to Dismiss Adversary Proceeding filed by Anne J. Penachio on behalf of Rocco Garbellano III. with hearing to be held on 10/11/2022 at 09:00 AM at Videoconference (ZoomGov) (CGM) (Penachio, Anne) |
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| 6 | 6
16
pgs
answer
Memorandum of Law
Thu 08/25 12:53 PM
Memorandum of Law in support of Motion to Dismiss Adversary Proceeding filed by Anne J. Penachio on behalf of Rocco Garbellano III. (Penachio, Anne) |
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| 5 | 5
motion
Motion, Dismiss Adversary Proceeding
Thu 08/25 12:45 PM
Motion to Dismiss Adversary Proceeding filed by Anne J. Penachio on behalf of Rocco Garbellano III. with hearing to be held on 10/11/2022 at 09:00 AM at Videoconference (ZoomGov) (CGM) (Penachio, Anne) |
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Att: 1
Exhibit A Complaint and exhibits
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Att: 2
Exhibit B Docket
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Att: 3
Exhibit C Proposed Order
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| Tuesday, August 16, 2022 | ||
| 4 | 4
notice
Notice, Appearance
Tue 08/16 11:22 AM
Notice of Appearance filed by Anne J. Penachio on behalf of Rocco Garbellano III. (Penachio, Anne) |
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| Friday, August 12, 2022 | ||
| 3 | 3
misc
Certificate of Service
Fri 08/12 4:13 PM
Certificate of Service for Complaint and Summons filed by Camille J Iurillo on behalf of Burton W Wiand. (Iurillo, Camille) |
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| Thursday, August 04, 2022 | ||
| 2 | 2
cmp
Auto Summons and Notice of Pre-Trial Conference
Thu 08/04 4:03 PM
Summons with Notice of Pre-Trial Conference issued by Clerk's Office with Pre-Trial Conference set for 10/11/2022 at 09:00 AM at Videoconference (ZoomGov) (CGM), Answer due by 9/6/2022, (Ashmeade, Vanessa) |
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| Wednesday, August 03, 2022 | ||
| 1 | 1
cmp
Complaint (fee)
Wed 08/03 9:25 AM
Adversary case 22-09018 Complaint against Rocco Garbellano III (Fee Amount $ 350.). Nature(s) of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) Filed by Camille J Iurillo on behalf of Burton W Wiand. (Iurillo, Camille) |
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Att: 1
Exhibit Exhibit 1 - DOC 613 Judgment in a Civil Case Rocco Garbellano
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Att: 2
Exhibit Exhibit 2 - DOC 1 - Complaint WITH ALL EXHIBITS 1-1 thru 1-6 (Garbellano)
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Att: 3
Exhibit Exhibit 3 - DOC 1070 - Supplemental Memorandum in Opposition re (Garbellano) - EF 10.28.2021
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Att: 4
Exhibit Exhibit 4 - Anile Plea Agreement
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Att: 5
Exhibit Exhibit 5 - Anile Judgment
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Att: 6
Exhibit Exhibit 6 - Anile DOJ Announcement
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Att: 7
Exhibit Exhibit 7 - DaCorta Verdict
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Att: 8
Exhibit Exhibit 8 - DaCorta DOJ Announcement
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Att: 9
Exhibit Exhibit 9 - Garbellano, Rocco Transactions
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Att: 10
Exhibit Exhibit 10 - DOC 1016-1 - Declaration of Jared J. Perez
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Att: 11
Exhibit Exhibit 11 - NFA Correspondence
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Att: 12
Exhibit Exhibit 12 - Settlement Agreement
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Att: 13
Exhibit Exhibit 13 - DOC 1100-1 - Exhibit A - NOF - Garbellano Broker Application with Oasis - EF 02.02.2022
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