Albanese Organization, Inc. et al v. Gubbins
Adversary Proceeding
Lead BK case is: 1:23-bk-42027
Lead BK case is: 1:23-bk-42027
| New York Eastern Bankruptcy Court | |
| Chapter 13 | |
| Judge: | Elizabeth S Stong |
| Case #: | 1:23-ap-01073 |
| Nature of Suit | 67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny 91 Bankruptcy - Declaratory judgment 62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud |
| Case Filed: | Aug 31, 2023 |
| Terminated: | Feb 01, 2024 |
| Last checked: never |
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Defendant
Michael W. Gubbins
2345 Corporal Kennedy Street, Unit 1
Bayside, NY 11360 |
Represented By
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Plaintiff
Albanese Organization, Inc.
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Represented By
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Plaintiff
River Terrace Associates, LLC
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Represented By
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| Docket last updated: 05/05/2025 1:08 PM EDT |
| Thursday, February 01, 2024 | ||
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court
Close Adversary Case
Thu 02/01 2:15 PM
Adversary Case 1:23-ap-1073 Closed (jag) |
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| Wednesday, January 10, 2024 | ||
| 11 | 11
order
Dismissing Adversary Proceeding
Thu 01/11 8:23 AM
Stipulation and Order Dismissing Adversary Proceeding . Signed on 1/10/2024. (jag) |
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| Wednesday, November 29, 2023 | ||
| 10 | 10
notice
Notice of Dismissal of an Adversary Proceeding
Wed 11/29 5:08 PM
Agreed Notice of Dismissal of an Adversary Proceeding / Stipulation Dismissing Adversary Proceeding Filed by Albanese Organization, Inc., River Terrace Associates, LLC. (Pascarella, Darren) |
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| Tuesday, November 28, 2023 | ||
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court
zMinute Entry - Hearing Settled/Withdrawn/Marked Off Without Hearing (Case Owned AP)
Tue 12/26 3:04 PM
Settled Without Hearin (sej) |
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| Monday, November 27, 2023 | ||
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court
zMinute Entry - Hearing Held and Adjourned (Document BK & AP)
Mon 11/27 5:35 PM
Hearing Held and Adjourned; 'Hearing scheduled for 11/28/2023 at 03:00 PM at Courtroom 3585 (Judge Stong), Brooklyn, NY (sej) |
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| Tuesday, November 21, 2023 | ||
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court
zMinute Entry - Hearing Held and Adjourned (Case Owned AP)
Wed 11/22 7:39 AM
Hearing Held and Adjourned; Appearance by Plaintiff and Defendant - Appearance by Trustee - Pre-Trial Conference set for 11/27/2023 at 03:30 PM at Courtroom 3585 (Judge Stong), Brooklyn, NY (sej) |
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| Monday, November 20, 2023 | ||
| 9 | 9
2
pgs
misc
Mediator's Report
Mon 11/20 6:48 PM
Mediator's Report (Settled) . Filed by Lori Lapin Jones on behalf of Lori Lapin Jones (Jones, Lori) |
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| Tuesday, October 31, 2023 | ||
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court
zMinute Entry - Hearing Held and Adjourned (Case Owned AP)
Tue 10/31 2:25 PM
Hearing Held and Adjourned; Appearances: River Terrace Associates, LLC, Michael W. Gubbins, Albanese Organization, Inc. Pre-Trial Conference set for 11/21/2023 at 10:30 AM at Courtroom 3585 (Judge Stong), Brooklyn, NY (sej) |
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| Monday, October 23, 2023 | ||
| 8 | 8
order
Assigning Matter to Mediation
Mon 10/23 12:55 PM
Order Assigning Matter to Mediation . Signed on 10/23/2023. Mediator Selection Deadline due by 10/30/2023. (jag) |
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| Tuesday, October 03, 2023 | ||
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court
zMinute Entry - Hearing Held and Adjourned (Case Owned AP)
Thu 10/05 4:20 PM
Hearing Held and Adjourned; Pre-Trial Conference set for 10/31/2023 at 10:30 AM at Courtroom 3585 (Judge Stong), Brooklyn, NY Appearance by Plaintiff and Defendant - Court to enter Mediation Referral Order and to identify a mediator in two weeks and to hold first mediation session by 11/30/2023. (sej) |
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| Monday, October 02, 2023 | ||
| 7 | 7
misc
Affidavit/Certificate of Service
Mon 10/02 2:44 PM
Affidavit/Certificate of Service of Debtor/Defendant's Answer to Plaintiff's Complaint to Determine Non-Dischargability of Debt Filed by Dawn Kirby on behalf of Michael W. Gubbins (Kirby, Dawn) |
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| 6 | 6
9
pgs
answer
Response
Mon 10/02 12:58 PM
Response Debtor/Defendant's Answer to Plaintiff's Complaint to Determine Non-Dischargability of Debt Filed by Dawn Kirby on behalf of Michael W. Gubbins (Kirby, Dawn) |
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| Tuesday, September 05, 2023 | ||
| 5 | 5
cmp
Summons Service Executed
Tue 09/05 10:22 AM
Summons Served on Michael W. Gubbins 9/1/2023 . (Pascarella, Darren) |
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| Friday, September 01, 2023 | ||
| 4 | 4
misc
Affidavit/Certificate of Service
Fri 09/01 11:14 PM
Affidavit/Certificate of Service Filed by Darren A Pascarella on behalf of Albanese Organization, Inc., River Terrace Associates, LLC (Pascarella, Darren) |
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| 3 | 3
misc
Statement of Corporate Ownership
Fri 09/01 1:05 PM
Statement of Corporate Ownership filed. Corporate parents added to case: Albanese BPC LLC, NM Green LLC.Corporate Affiliates added to case:, AAA Realty II Partners LLC, NML Real Estate Holdings LLC, The Northwestern Mutual Life Insurance Company, VMA Realty II Partners LLC Filed by Darren A Pascarella on behalf of Albanese Organization, Inc., River Terrace Associates, LLC (Pascarella, Darren) |
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| 2 | 2
cmp
Summons and Notice of Pre-Trial Conference (Auto)
Fri 09/01 9:48 AM
Summons and Notice of Pre-Trial Conference issued by Clerk's Office against Michael W. Gubbins Answer Due: 10/2/2023; Pre-Trial Conference set for 10/3/2023 at 10:30 AM at Courtroom 3585 (Judge Stong), Brooklyn, NY. (ssw) |
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| Thursday, August 31, 2023 | ||
| 1 | 1
cmp
Complaint
Thu 08/31 6:43 PM
Adversary case 1 23-01073 Complaint by Albanese Organization, Inc., River Terrace Associates, LLC against Michael W. Gubbins. 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)). (Pascarella, Darren) |
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Att: 1
22 pgs
Exhibit A - State Court Summons and Complaint
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Att: 2
Exhibit B - April 2022 Order
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Att: 3
Exhibit C - May 2022 Judgment
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Att: 4
Exhibit D - March 2023 Order
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Att: 5
18 pgs
Exhibit E - May 2023 Judgment
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Att: 6
Adversary Proceeding Cover Sheet
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