Joint Appendix — Kelly v. Robinson

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| Supreme Court, U.S.

(5) FILED

APR SO 1966

No. 85-1033 JOSEPH F. SPANIOL, JR

Inu The =

Supreme Court Of The United States

OCTOBER TERM, 1985

JOHN J. KELLY,

CONNECTICUT CHIEF STATE’S ATTORNEY, ET AL.,

Petitioners,

v.

CAROLYN ROBINSON,

Respondent.

ON WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

JOINT APPENDIX

CARL SCHUMAN FRANCIS X. DINEEN

Assistant State’s Attorney New Haven Legal Assistance

Senior Appellate Attorney Association

Office of the Chief 426 State Street

State’s Attorney New Haven, CT 06510

Connecticut Division of (203) 777-4811

Criminal Justice Counsel of Record for

PO. Box 5000 Respondent

340 Quinnipiac Street

Wallingford, Connecticut 06492

(203) 265-2373

Counsel of Record for the

Petitioners

Petition for Certiorari— Filed December 13, 1985

Certiorari Granted— February 24, 1986

TABLE OF CONTENTS

Page

ee EL, wc cWaes Be ade ieee Eee 1A

APPLICATION TO PAY FILING FEES IN

I 6 ivhd dada pected &teaanace 6A

VOLUNTARY CASE: DEBTOR’S FETITION ...... 7A

STATEMENT OF ATTORNEY RE

IS, han oleae. can avascavivenes 9A

ORDER FOR MEETING OF CREDITORS AND

FIXING TIME FOR FILING OBJECTIONS

I 00 50 GG5.e od oo ice dak wie us 10A

ES Suan ch ak towns ce eee. ark 13A

AMENDED COMPLAINT TO DETERMINE

DISCHARGEABILITY OF DEBT WITH

ATTACHED EXHIBITS .................... 15A

EXHIBIT A—Letter of May 20,1981......... 19A

EXHIBIT B—Letter of February 21, 1984. .... 21A

EXHIBIT C—Letter of March 19, 1984 ....... 23A

EXHIBIT D—Letter of February 6, 1984... ... 25A

EXHIBIT E—Letter of February 10, 1984 ..... 27A

AMENDED ANSWER......................... 28A

ANSWER OF THE DEFENDANT

COMMISSIONERS ........................ 30A

iA

TABLE OF CONTENTS ..ontinued)

REQUEST FOR ADMISSIONS ..........------

DEFENDANTS’ RESPONSE TO PLAINTIFF'S

REQUEST FOR ADMISSIONS ............

COMMISSIONERS, DEPARTMENTS OF

INCOME MAINTENANCE AND

ADMINISTRATIVE SERVICES

RESPONSE TO REQUEST FOR

i eens ce een eeceeesscesces

MOTION FOR PRELIMINARY INJUNCTION

AND ORDER THEREON ..............--.

NOTICE TO APPEAR AND COMPLAINT —

VIOLATION OF PROBATION OR CONDI-

TIONAL DISCHARGE ................---.

MOTION FOR STAY AND ORDER THEREON ...

iA

KELLY v. ROBINSON, NO. 85-1033

DOCKET ENTRIES

1984

2/21 Complaint to determine dischargeability of debt

3/5 MEMORANDUM in opposition to request for

ex parte injunction ca pending hearing filed by

defendant

3/5 , ANSWER & Special Defenses filed by Defendant

3/5 APPEARANCE of Carl Schuman for Director,

Dept. of Adult Probation

3/13 DEBTORS’ Memorandum in support of prelim-

inary injunction

3/22 REQUEST for Production filed by Debtor

3/22 MOTION to reopen filed by Debtor

3/26 REQUEST for admissions filed by Debtor

3/26 AMENDED Complaint to determine discharge-

ability of debt

3/26 MOTION for preliminary injunction filed by

Debtor— DENIED ca 4/3/84 (cc: Schuman;

Dineen — 4/4/84) ca

3/28 RESPONSE to request for Production filed by

Defendant

3/28 PRETRIAL ORDER — Trial 5/18/84 at 10:00 (cc:

Schuman; Reynolds; Dineen; Faulkner — 4/2/84)

4/10 MOTION to separate claim for Attorneys fees

and for purposes of trial filed by Joanne S.

Faulkner— GRANTED 5/15/84

(cc: Faulkner; Schuman — 5/15/84) ca

4/12 AMENDED CAPTION filed by Joanne S.

Faulkner, Esq.

4/11 OBJECT’ ON to Request for production filed by

Edward lieynolds

4/11 OBJECTION to Request for Admissions filed by

Edward Reynolds

1A

1984

4/16

4/16

4/16

4/16

4/16

4/11

4/18

4/18

4/16

4/16

4/16

4/16

4/27

APPLICATION for leave to appeal interlocutory

order to district court filed by Joann Faulkner,

Esq.

MOTION for relief filed by Joann Faulkner

NOTICE OF APPEAL filed by Francis Dineen,

Esq.

copy of Notice of Appeal mailed to Carl Schuman,

Esq., Director of Adult Probation Austin J.

McGuigan, Chief State’s Attorney on 4/17/84

PLAINTIFF'S Trial Brief

ANSWER to Motion for leave to appeal filed by

Carl Schuman

OBJECTION TO AMENDED COMPLAINT to

determine dischargeability filed by Edward

Reynolds

NOTICE OF HEARING ON MOTION #4

— 5/15/84 11:30 a.m. cc: Atty. Faulkner s/inst.

NOTICE OF HEARING ON PLEADINGS #5,

6, & 10 —5/15/84— 11:30 a.m. ce: Atty. Reynolds

wiinst.

DEFENDANTS’ RESPONSE to Plaintiff's

request for admissions filed Carl Schuman, Esq.

AMENDED ANSWER filed by Carl Schuman,

Esq. for Defendant

CERTIFICATION OF SERVICE OF Summons

and notice of Trial to E. Reynolds, Esq., filed by

Nidia Torres

MEMORANDUM IN OPPOSITION to plain-

tiffs Motion for relief filed by Carl Schuman, Esq.

Trial Brief of Defendants Austin J. McGuigan,

Chief State's Attorney, and Terry S. Capshaw,

Director, Office of Adult Probation

2A

1984

4/24

4/30

4/30

4/30

4/30

5/2

5/3

5/4

5/10

5/21

5/30

Motion for Relief filed by Frances Dineen, Esq.

CERTIFICATION of service of Notice of Hear-

ing (?) to E. Reynolds, Esq. filed by Joanne S.

Faulkner

COMMISSIONERS, DEPARTMENTS OF IN-

COME MAINTENANCE and Administrative

services response to request for Admissions filed

by Edward Reynolds, Esq.

ANSWER of the defendant Commissioners filed

by Edward Reynolds, Esq. and certification

thereof

DEFENDANT Commissioner of the Depart-

ment of Income Maintenance and Administrative

services of the State of Connecticut Trial Brief

filed by Edward Reynolds, Esq.

WITHDRAWAL OF Motion for Relief filed by

Francis Dineen, Esq.

MOTION FOR Voluntary dismissal of Applica-

tion for leave to appeal and notice of Appeal filed

by Francis Dineen, Esq.—GRANTED 5/14/84

(cc: Reynolds; Dineen; Schuman — 5/14/84) ca

AMENDMENT TO ANSWER filed by Carl

Schuman, Esq.

Plaintiff's Reply Brief

NOTICE of reas. trial on complaint — 6/27/84 at

2:15 cc: Reynolds; Dineen; Schuman

MOTION for permission to amend answers of the

defendant Commissioners of the department of

income Maintenance and administrative services

filed by Edward Reynolds, Esq.

3A

5/30

6/20

8/31

9/4

9/17 #11

9/19

9/20 #12

9/21

9/21 #13

AMENDMENT TO ANSWER OF THE DE-

FENDANT COMMISSIONERS of the Depart-

ments of Income Maintenance and Adr:inistra-

tive Services filed by Edward Reynolds

PLAINTIFF'S Supplemental Brief

MEMORANDUM OF FINDINGS, CONCLU-

SIONS OF LAW AND PROPOSED ORDER by

Judge Shiff to Judge Daly

JUDGMENT and MEMORANDUM AND

PROPOSED ORDER cc: Attys. Dineen; Faulk-

ner; Reynolds and Schuman and Meister signed

by Judge Daly

NOTICE OF APPEAL filed by Joanne S. Faulk-

ner, Esq.

COPY OF Notice of Appeal #11 mailed to

Edward F. Reynolds on behalf of Commissioner,

Department of Income Maintenance & Commis-

sioner of Administrative Services Bureau of Col-

lection services and to Carl Schuman, Assistant

State’s Attorney, on behalf of Austin J.

McGuigan, Chief State’s Attorney Division of

Criminal Justice, Judicial Department and Direc-

tor, office of Adult Probation on 9/19/84

NOTICE OF Appeal by Agreement Directly to

the Court of Appeals under 28 U.S.C. sec. 1293(b)

COPY of Receipt of $5.00 No. 3687238, copy of

Notice of Appeal, Notice of Appeal by Agreement

directly to the Court of Appeals under 28 U.S.C.

sec. 1293(b) sent to the U.S. Court of Appeals for

the Second Circuit and Docket Entries & Cover

Letter

DESIGNATION OF EXHIBITS filed by

Francis Dineen, Esq. on behalf of Carolyn Robin-

son, Esq.

4A

1984

9/26 #14

9/26 #15

10/5

1985

10/29

11/26

12/13

1986

2/24

DEFENDANT’S Motion for attorney’s fees filed

by Carl Schuman, Esq. on behalf of Director,

Office of Adult Probation & Austin J. McGuigan,

Esq.

MEMORANDUM IN SUPPORT of Defendant’s

Motion #14 filed by Carl Schuman, Esq. on behalf

of Austin J. McGuigan, Esq. & Director, Office

of Adult Probation

RECORD ON APPEAL sent to Second Circuit

Court & Cover Letter

DECISION RENDERED by Second Circuit

DEFENDANTS’APPELLEES’ MOTION For

Stay of Mandate Pending Application For Cer-

tiorari Granted by Second Circuit

PETITION For Writ of Certiorari Filed in United

States Supreme Court

PETITION For Writ of Certiorari granted by

United States Supreme Court

5A

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

In Re: )

CAROLYN EVONNE ROBINSON )

Petitioner )

APPLICATION TO PAY

FILING FEES IN INSTALLMENTS

1. Applicant is filing herewith a petition commencing a

voluntary case under Title 11, United States Code.

2. She has no money with which to pay the fee in this

matter.

3. She has not paid any money to her attorney for ser-

vices rendered or to be rendered in connection with this case

or any pending case under Title 11, United States Code.

4. She will pay the fee within three months.

WHEREFORE, applicant prays that she be permitted

to pay this filing fee in installments.

/s/ Carolyn E. Robinson

CAROLYN EVONNE ROBINSON

DATED Jan. 21-81

6A

UNITED STATES BANKRUPTCY COURT

DISTRICT OF CONNECTICUT

EERE ESS SHESEASEEESEEESEEEESE

!

‘In re (

CAROLYN EVONNE ROBINSIN

S.S. No. 049-46-5091

4

Debtor

Res ss ss se mx Oe

SEES SESEESSESSESESSESESEE SEES

VOLUNTARY CASE: DEBTOR’S PETITION

1. Petitioner’s post-office address is 282 Terrace Avenue

Apt. C2, West Haven, CT 06516.

2. Petitioner has resided within this district for the

preceding 180 days.

3. Petitioner is qualified to file this petition and is en-

titled to the benefits to Title 11, United States Code, as a

voluntary debtor.

WHEREFORE, petitioner prays for relief in accordance

with Chapter 7 of Title 11, United States Code.

Signed:

JOANNE S. FAULKNER

Attorney for Petitioner

399 Temple Street

New Haven, Connecticut 06511

777-4811

7A

I, Carolyn Evonne Robinson, the petitioner named in the

foregoing petition, certify under penalty of perjury that the

foregoing is true and correct. Executed on Jan. 21, 1981.

Signeture: Carolyn E. Robinson

Carolyn Evonne Robinson

8A

UNITED STATES BANKRUPTCY COURT

DISTRICT OF CONNECTICUT

IN RE: )

CAROLYN EVONNE ROBINSON )

) Case No.

)

Debtor )

STATEMENT OF ATTORNEY

RE COMPENSATION

No compensation has been paid or promised to the under-

signed by the debtor for services rendered or to be rendered

in connection with this case.

The undersigned is a salaried employee of the New Haven

Legal Assistance Association, Inc., and it is in that capacity

that she is representing the debtor in this mer ‘ter.

/s/ Joanne S. Faulker

JOANNE S. FAULKNER

Attorney for the Debtor

399 Temple Street

New Haven, Connecticut 06511

777-4811

9A

UNITED STATES BANKRUPTCY COURT

DISTRICT OF CONNECTICUT

ORDER FOR MEETING OF CREDITORS AND

FIXING TIME FOR FILING OBJECTIONS TO

DISCHAiGE AND FOR FILING COMPLAINTS

TO DISCHARGEABILITY OF CERTAIN DEBTS,

COMBINED WITH NOTICE THEREOF AND OF

AUTOMATIC STAY

To the following debtors, their creditors, and other parties in

interest:

An order for relief under 11 U.S.C. Chapter 7 has been

entered upon petitions filed by the following debtors, and

Daniel Meister, 71 East Avenue, Norwalk, Conn. 06851 is ap-

pointed interim trustee in each case, to wit:

Pet. No. Debtor Pet. Filed Time of Meeting

of Creditors

* * *

(Names omitted in printing.)

§-81-114 Carolyn Evonne 2/5/81 11:30 A.M.

Robinson

282 Terrace Ave.

Apt. C-2

West Haven,

Conn. 06516

DO NOT FILE CLAIMS AT THIS TIME. THE ABOVE-

ENTITLED CASES HAVE BEEN DESIGNATED AS

PROBABLE NO-ASSET CASES. YOU WILL BE

NOTIFIED AT A LATER DATE OF THE TIME WITHIN

WHICH TO FILE CLAIMS IF SUFFICIENT FUNDS

ARE RECOVERED FOR PAYMENT OF DIVIDEND

CREDITORS~ -

IT IS ORDERED, and notice is hereby given, that:

1. Respective meetings of creditors of said debtors pur-

suant to 11 U.S.C. section 341(a) shall be held at ROOM 320,

Bankruptcy Court, United States Court House, 915 Lafayette

Boulevard, Bridgeport, CONNECTICUT on March 17, 1981

at the times set forth above.

10A

2. The debtors shall appear with their attorneys of record,

in person, (or, if the debtor is a partnership, by a general part-

ner, or, if the debtor is a corporation, by its president or other

executive officer) at the meetings of creditors set forth above

for the purpose of being examined.

8. April 27, 1981 is fixed as the last day for the filing of

objections to discharge of said debtors.

4. April 27, 1981 is fixed as the last day for the filing of

complaints to determine dischargeability of any debt pursuant

to 11 USC. section 523(c).

You are further notified that

The meeting may be continued or adjourned from time

to time by notice at the meeting without further written notice

to creditors.

At the meetings, the creditors n.ay file their claims, (elect

a trustee as permitted by law, designate a person to super-

vise the meeting, elect a committee of creditors), examine the

debtor, and transact such other business as may properly come

before the meeting.

Ae a result of the filing of the petition, certain acts and

proceedings against the debtors and their property are stayed

as provided in 11 U.S.C. section 362(a).

If no objection to the discharge of the debtors are filed

on or before the last day fixed therefor as stated in sub-

paragraph 3 above, the debtors will be granted their

discharges. If no complaint to determine the dischargeabil-

ity of a debt under clause (2), (4), or (6) of 11 U.S.C. section

523(a) is filed within the time fixed therefor as stated in sub-

paragraph 4 above, the debt may be discharged.

It appears from the schedules of the debtors that there

are no assets from which any dividend can be paid to creditors.

/

11A

It is unnecessary for any creditor to file his claim at this time

in order to share in any distribution from the estate. If it subse-

quently appears that there are assets from which a dividend

may be paid, creditors will be so notified and given an oppor-

tunity to file their claims.

Unless the court extends the time, any objection to the

debtors’ claim of exempt property (Schedule B-4) must be filed

within 15 days after the above date set for the meetings of

creditors.

Dated: February 20, 1981 BY THE COURT

*X ONLY THE DEBTOR ROBERT L. KRECHEVSKY

WHOSE NAME IS ==

MARKED ABOVE ankruginy Sang

HAS LISTED YOU By: Ethel Petrides

AS A CREDITOR DEPUTY IN CHARGE

Bankruptcy Court

United States Court House

Room 319

915 Lafayette Boulevard

Bridgeport, Conn. 06604

12A

United States Bankruptcy Court

For the District of Connecticut

In re

CAROLYN EVONNE ROBINSON Case No. 5-81-114

Debtor*

DISCHARGE OF DEBTOR

It appearing that the person named above has filed a peti-

tion commencing a case under title 11, United States Code

on February 5, 1981, that an order for relief was entered under

chapter 7 and that no complaint objecting to the discharge

of the debtor was filed within the time fixed by the court, it

is ordered that

1. The above-named debtor is released from all

dischargeable debts.

2. Any judgment heretofore or hereafter obtained in any

court other than this court is null and void as a deterinina-

tion of the personal liability of the debtor with respect to any

of the following:

(a) debts dischargeable under 11 U.S.C. § 523;

(b) unless heretofore or hereafter determined by order

of this court to be nondischargeable, debts alleged to be

excepted from discharge under clauses (2), (4) and (6) of

11 U.SC. § 523(a);

(c) debts determined by this court to be discharged

under 11 U.SC. § 523.

3. All creditors whose debts are discharged by this order

and all creditors whose judgments are declared null and void

13A

by paragraph 2 above are enjoined from commencing, contin-

uing or employing any action, process or act to collect, recover

or offset any such debt as a personal liability of the debtor,

or from property of the debtor, whether or not discharge of

such debt is waived.

Dated: May 14, 1981

BY THE COURT

/s) Alan HW. Shiff

Bankruptcy Judge

Alan HW. Shiff

14A

IN THE

UNITED STATES BANKRUPTCY COURT

FOR THE

DISTRICT OF CONNECTICUT

SEESSSESESSSSESESSSESESSSSESESESESS ESET ES

IN RE: CAROLYN ROBINSON,

Debtor

CAROLYN ROBINSON,

Plaintiff

CASE NO. 5-81-114

V.

ADV. NO. 84-63

DIRECTOR, DEPARTMENT OF ADULT

PROBATION;

DIRECTOR, DIVISION OF CRIMINAL

JUSTICE, JUDICIAL DEPARTMENT,

COMMISSIONER, DEPARTMENT OF

INCOME MAINTENANCE;

COMMISSIONER OF ADMINISTRATIVE

SERVICES, BUREAU OF COLLECTION

SERVICES,

Defendants

ne 2# &# &# He He He OHmUM HMhCUCUC HhUC HhC<C MC<“ HC<( QD LHhCUCU HhCUC HhCUCU hhlUh

SESSESSSSSSSSSSSSSSSSSS ESSE LSE SSE SSE SESS

AMENDED COMPLAINT TO DETERMINE

DISCHARGEABILITY OF DEBT

FIRST COUNT

1. This complaint is brought to determine the

dischargeability of the plaintiff's restitution debt owing to

the State of Connecticut, and for appropriate relief.

2. This court has jurisdiction pursuant to 11 U.S.C. sec.

105 and 28 U.SC. secs. 1343 and 1471.

15A

3. On February 5, 1981, plaintiff filed her petition in

bankruptcy and was grar.ted an order for relief pursuant to

11 U.SC. sec. 362.

4. Duly scheduled in her petition was a debt to the State

of Connecticut Department of Income Maintenance, and the

Commission on Adult Probation. Notice was sent by the Court

to each of these entities, in February, 1981.

5. Prior to the last date for filing a claim of dischargeabil-

ity, no such <laim was filed.

6. Plaintiff received her discharge in bankruptcy on May

14, 1981.

7. Plaintiff's debt to the state of Connecticut Department

of Income Maintenance was thereby discouraged.

8. On May 20, 1981, plaintiff's attorney sent the letter

attached hereto as Exhibit A, by certified mail, to the Office

of Adult Probation, with a copy to Michael Arcari, Esquire,

Assistant Attorney General.

9. The restitution debt arose out of Mrs. Robinson’s con-

viction for wrongful receipt of Public Assistance benefits in

the amount of $9,932.95 at a time when she was also receiv-

ing Social Security benefits.

10. On November 14, 1980, Judge Kinney imposed on

Mrs. Robinson a sentence of not less than one year, nor more

than three years, execution suspended and five years proba-

tion. A special condition of probation was imposed as follows:

“restitution of $9,932.95 at $100 per month commencing

1-16-81.”

11. On February 6, 1984, Mr. Benevento, of the Office of

Adult Probation, informed plaintiff that her restitution de}-

was not dischargeable in bankruptcy, and she must »egin to

make restitution payments under threat of rearrest and incar-

ceration for violation of probation.

16A

eS

12. On February 21, 1984, Mr. Benevento, Senior Proba-

tion Officer, and Leonard Russman, District Manager, sent

Mrs. Robinson the letter attached hereto as Exhibit B.

13. By letter dated March 19, 1984, said individuals, on

behalf of defendant, requested that plaintiff resume payments.

A copy is annexed hereto as Exhibit C.

14. Mrs. Robinson, a widow, was greatly distressed by

the threat of the Probation Department in view of her need

to care for her minor children, and obtain the fresh start she

had received in bankruptcy.

15. Plaintiff's attorney requested defendant Director of

the Office of Adult Probation to withhold further action

against Mrs. Robinson pending the decision in the case now

before this court on the same issue. A copy of the letter is

attached hereto as Exhibit D.

16. By letter dated February 10, 1984, defendant

expressed his intention ‘‘to proceed with the collection of

restitution.” A copy of the letter is attached hereto as Exhibit E.

SECOND COUNT

1. The allegations of paras. 1-16 of the First Count are

repeated and realleged as if fully set forth herein.

17. Defendant Director of the Office of Adult Probation

has acted and threatened to act without ascertaining from

this Court defendant’s obligations in the fact of the automacic

stay and discharge herein.

18. Defendant’s acts or threatened acts are in violation

of this Court’s action discharging the debtor, and of 11 U.S.C.

secs. 524 and 525.

17A

THIRD COUNT

1. The allegations of paras. 1-18 of the Second Count are

repeated and realleged as if fully set forth herein.

19. Said defendant’s actual or threatened actions have

deprived and are depriving plaintiff of her civil rights,

privileges, or immunities under color of state law, in violation

of 42 U.SC. sec. 1983.

WHEREFORE, plaintiff claims an order declaring that

the larceny and restitution debt herein is dischargeable and

has been discharged: an order declaring that the debt to the

defendant Department of Income Maintenance is

dischargeable and has been discharged; and order enjoining

the defendants from taking any steps, whether directly or in-

directly, to obtain payment of the restitution or otherwise

enforce the criminal judgment; an order assessing attorneys’

fees and costs against defendant Director of the Office of Adult

Probation pursuant to the equitable powers of this court, and

pursuant to 42 U.S.C. sec. 1988; appropriate orders for con-

tempt and violation of plaintiff's civil rights, including com-

pensatory damages, punitive damages, and attorneys’ fees

payable to New Haven Legal Assistance Association; and such

other and further relief as this Court deems just and equitable.

THE PLAINTIFF

BY: /s/ Joanne S. Faulkner

JOANNE S. FAULKNER

HER ATTORNEY

399 Temple Street

New Haven, CT 06511

777-4811

18A

Mey 20, 1981

Office of Adult Probation

188 Bassett Street

New Haven, CT 06511

ATTENTION: Mr. Vincent Benevento

Re: Carolyn Robinson, Case No. CR6-185844

Bankruptcy No. 5-81-114

Dear Mr. Benevento:

As you are aware, Carolyn Robinson filed a petition in

bankruptcy on February 5, 1981. She received her discharge

on May 14, 1981.

Pursuant to 11 U.S.C. § 523(a)(7), the amount ordered paid

to the State by way of restitution has been discharged in

bankruptcy. The discharge voids the restitution order, since

it is a determination of the personal liability of the debtor.

11 USC. § 524.

The State is prohibited from discriminating against Ms.

Robinson because of nonpayment of a debt which has been

discharged in bankruptcy pursuant to 11 U.SC. § 525.

Because of all of the above, I have advised Ms. Robinson

that she need make no further payments under the restitu-

tion order. Upon discharge, there is no longer anything owing

under the order for probation, and it is my position that the

repayment conditions thereof have been fully satisfied.

If you disagree with the above, please let me know imme-

diately. In the event of such disagreement, the State’s recourse

is to obtain a ruling from the Bankruptcy Court as to the

dischargeability of the restitution order.

(Certified mail receipt omitted in printing.)

EXHIBIT A

19A

Office of Adult Probation

May 20, 1981

Page 2.

Any other action will subject the State to serious and substan-

tial liability.

Sincerely,

(Mrs.) Joanne S. Faulkner

Attorney at Law

Legal Aid Bureau

ce: Carolyn Robinson

JSF:1s/3/15

20A

CONNECTICUT JUDICIAL DEPARTMENT

OFFICE OF ADULT PROBATION

DISTRICT IV

965 Dixwell Avenue, Hamden, Connecticut 06514

Office Telephone: (203) 789-7876

Centrex 153-7876

February 21, 1984

Ms. Carolyn Robinson

635 Fitch Street

Hamden, Conn. 06514

Dear Ms. Robinson:

On 11-14-80 you were sentenced in Superior Court, GA-6,

New Haven, Connecticut after having plead guilty to Larceny

2nd. At that time, the Honorable Frank Kinney imposed a

sentence of not less than 1 year, nor more than 3 years, exe-

cution suspended and 5 years probation. Special conditions

of probation imposed as follows: “Restitution of $9,932.95 at

$100 per month commencing 1-15-81.”

We are aware of Bankruptcy Proceedings on your behalf;

however, the policy of this office as indicated by the Director

of the Connecticut Judicial Department Office of Adult Pro-

bation is as follows: ““The Office of Adult Probation will adopt

a position that the condition of probation concerning restitu-

tion is valid and not dischargeable. The probationer must

know that we intend to enforce the court order to the fullest

extent possible.’

Acting under instructions of my District Manager,

Leonard Russman, I am requesting that you resume monthly

payments of $100 as ordered by the Superior Court on

11-14-80. We can discuss this further on your report date in

March.

21A

Payments had been received in a prompt and orderly

fashion to 5-4-81—last payment — total $450.00 which leaves

a balance of $9,482.95.

District Manager

VJB/1f

EXHIBIT B

22A

CONNECTICUT JUDICIAL DEPARTMENT

OFFICE OF ADULT PROBATION

DISTRICT IV

965 Dixwell Avenue, Hamden, Connecticut 06514

Office Telephone: (203) 789-7876

Centrex 153-7876

March 19, 1984

Ms. Carolyn Robinson

635 Fitch Street

Hamden, Connecticut 06514

Dear Ms. Robinson:

As you have been informed, the policy of this Office as

indicated by the Director of the Connecticut Judicial Depart-

ment, Office of Adult Probation, is as follows: ‘“The Office of

Adult Probation will adopt a position that the condition of

probation concerning restitution is valid and not

dischargeable. The probationer must know that we intend to

enforce the Court order to the fullest extent possible.”

Acting under the instruction of my District Manager, Mr.

Leonard Russman, I am requesting that you resume a pay-

ment of no less than one hundred dollars ($100.00) as of April

1, 1984. It is expected that a payment be paid by that date

and thereafter on a monthly basis on or by the first day of

each month. At this point, four hundred fifty dollars ($450.00)

has been paid and an arrearage of three thousand four hun-

dred fifty dollars ($3450.00) is due.

In the event that our order is ignored and no payment

is made, you will be brought before the Court via a “‘Notice

to Appear.’ We can discuss this further on your next report-

ing date.

23A

District Manager

VJBiolc

EXHIBIT C

24A

399 TEMPLE STREET

NEW HAVEN, CONNECTICUT 06511-9990

TELEPHONE (203) 777-4811

February 6, 1984

Terry Capshaw, Director

Office of Adult Probation

643 Maple Avenue

Hartford, CT 06114

Dear Mr. Capshaw:

I respectfully request you to rescind your recent memo

advising your staff that a restitution order is not

i le in bankruptcy, and directing vigorous enforce-

ment of restitution debts in spite of bankruptcy.

The matter is presenily being litigated in the Bankrupt-

cy Court. The majority of cases under the 1979 Bankruptcy

Code support the dischargeability of such a debt. Your Depart-

ment’s brief relies principally on pre-code cases, and ignores

the specific, new, provisions of 11 U.SC. § 523.

Accordingly, it seems premature for you to make a deter-

mination which may turn out to be wrong. If it is wrong, you

may well be subjecting yourself and your staff to penalties

for contempt of court, including recompense for the litigation

caused by the need to apply to the Bankruptcy Court for pro-

tection. Your attorney should talk to Assistant Attorney

General Les McCallum, who has had recent experience in this

regard.

Please let me have your response by February 15, 1984,

so I will know how to proceed.

25A

JSF:nt

CERTIFIED RETURN

RECEIPT REQUESTED

ce: Vincent Benevento

Carl Schuman

Carolyn Robinson

26A

Sincerely,

/s/) Joanne S. Faulkner (nt)

Joanne S. Faulkner

Attorney at Law

EXHIBIT D

~~ —

CONNECTICUT JUDICIAL DEPARTMENT

OFFICE OF ADULT PROBATION

ADMINISTRATIVE OFFICE

643 Maple Avenue, Hartford, Connecticut 06114

Telephone: (203) 566-8350

February 10, 1984

Ms. Joanne S. Faulkner

Attorney at Law

New Haven Legal Assistance Assoc., Inc.

399 Temple Street

New Haven, CT 06511-9990

Dear Ms. Faulkner:

Your letter of February 6, 1984 has been discussed with

the attorney from the Chief State’s Attorney’s Office who is

representing us in these matters concerning the dischargeabil-

ity of restitution orders in bankruptcy.

Mr. Schuman has indicated that he will taik to Les

McCallum and will then submit something to you in writing

on the subject of their conversation. In the meantime, we

intend to proceed with the collection of restitution in the cases

which thus far have been brought to our attention.

Very truly yours,

/s/ Terry S. Capshaw

Terry S. Capshaw

Director

TSC:t

EXHIBIT E

27A

UNITED STATES BANKRUPTCY COURT

DISTRICT OF CONNECTICUT

IN RE CAROLYN ROBINSON : NO. 5-81-114

CAROLYN ROBINSON : ADV. NO.

V.

DIRECTOR, OFFICE OF ADULT

PROBATION, ET AL. : APRIL 12, 1984

AMENDED ANSWER

1. Admitted, except as to words “debt” and “appro-

priate,’ which are denied.

2. Denied.

3. Admitted.

4. Denied as to first sentence. Admitted as to second

sentence.

5. Admitted.

8. Admitted.

9. Admitted except as to word “debt,” which is denied.

10. Admitted.

11. Denied.

28A

12.

13.

14.

15.

16.

17.

18.

19.

Admitted.

Admitted.

No knowledge or information.

Admitted.

Admitted.

Denied.

Denied.

Denied.

AFFIRMATIVE DEFENSE

Any claim for reimbursement from the state is barred by

the eleventh amendment to the federal constitution.

RESPECTFULLY SUBMITTED,

DIRECTOR, OFFICE OF ADULT PROBATION

DIVISION OF CRIMINAL JUSTICE

DEFENDANTS

By /s/ Carl Schuman

CARL SCHUMAN

Assistant State’s Attorney

Appellate Unit

Office of the Chief State’s Attorney

* * *

(Certification omitted in printing.)

29A

UNITED STATES BANKRUPTCY COURT

DISTRICT OF CONNECTICUT

In Re: CAROLYN ROBINSON, :

DEBTOR, :

: Case No. 5-81-00114

Adversary No. 5-84-0063

CAROLYN ROBINSON,

PLAINTIFF :

vs.

DIRECTOR, DEPARTMENT OF :

ADULT PROBATION, ET ALS. :

DEFENDANTS. : April 27, 1984

ANSWER OF THE DEFENDANT COMMISSIONERS

1. Admitted, except as to words “debt” and “appro-

priate,’ which are denied.

2. Denied.

3. Admitted.

4. Denied as to first sentence. Admitted as to second

sentence.

5. Admitted.

6. Admitted.

a ee A HB lic

30A

7. Denied.

8. Admitted.

9. Admitted except as to word ‘‘debt,” which is denied.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

Admitted.

Denied.

Admitted.

Admitted.

No knowledge or information.

Admitted.

Admitted.

Denied.

Denied.

Denied.

FIRST AFFIRMATIVE DEFENSE

Any claim for reimbursement from the state is barred by

the eleventh amendment to the federal constitution.

31A

SECOND AFFIRMATIVE DEFENSE

The plaintiffs have alleged no claim against the defendant

Commissioners of the Department of Income Maintenance

and Administrative Services upon which relief can be granted.

THE DEFENDANTS, COMMISSIONERS OF

INCOME MAINTENANCE AND

ADMINISTRATIVE SERVICES

BY THEIR ATTORNEY

JOSEPH I. LIEBERMAN

ATTORNEY GENERAL

By: /s/ Edward F. Reynolds, Jr.

EDWARD F. REYNOLDS, JR.

ASSISTANT ATTORNEY GENERAL

90 Brainard Road

Hartford, CT. 06114

Telephone: 566-7014

32A

IN THE

UNITED STATES BANKRUPTCY COURT

FOR THE

DISTRICT OF CONNECTICUT

$ESSSESEE8EE59S8SSSSSSESSSSE4ESSSSSS4SSS4

IN RE: CAROLYN ROBINSON,

Debtor

CAROLYN ROBINSON,

Plaintiff

CASE NO. 5-81-114

V.

ADV. NO.

DIRECTOR, DEPARTMENT OF ADULT

PROBATION;

DIRECTOR, DIVISION OF CRIMINAL

JUSTICE, JUDICIAL DEPARTMENT:

COMMISSIONER, DEPARTMENT OF

INCOME MAINTENANCE;

COMMISSIONER OF ADMINISTRATIVE

SERVICES, BUREAU OF COLLECTION

SERVICES,

Defendants

ne # # # # &# HeUHehUCUC HhCUCr HhCUCUC hHhCUCU MLC HhCUC HhCUCUC HhCUCU hMhUCUC hhU hm

$8E59SEE5989FE8FE8FEESSSSSSSSSSSSSES8SS44

REQUEST FOR ADMISSIONS

Plaintiff requests the defendant to admit the following,

pursuant to Bankruptcy Rules 7036 and 9011:

1. On February 5, 1981, plaintiff filed her petition in

bankruptcy and was granted an order for relief pursuant to

11 U.SC. sec. 362.

2. Duly scheduled in her petition was a debt to the State

of Connecticut Department of Income Maintenance, and the

33A

Adult Probation Department. Notice was sent by the Court

to each of these entities, in February, 1981.

3. Prior to the last date for filing a claim of dischargeabil-

ity, no such claim was filed.

4. Plaintiff received her discharge in bankruptcy on May

14, 1981.

5. Plaintiff's debt to the state of Connecticut Department

of Income Maintenance was thereby discharged.

6. On May 20, 1981, plaintiff's attorney sent the letter

attached hereto as Exhibit A, by certified mail, to the Office

of Adult Probation, with a copy to Michael Arcari, Esquire,

Assistant Attorney General.

7. The restitution debt arose out of Mrs. Robinson’s con-

viction for wrongful receipt of Public Assistance benefits in

the amount of $9,932.95 at a time when she was also receiv-

ing Social Security benefits.

8. On November 14, 1980, Judge Kinney imposed on Mrs.

Robinson a sentence of not less than one year, nor more than

three years, execution suspended and five years probation.

A special condition of probation was imposed as follows:

“restitution of $9,932.95 at $100 per month commencing

1-16-81.”

9. On February 6, 1984, Mr. Benevento, of the Office of

Adult Probation, informed plaintiff that her restitution debt

was not dischargeable in bankruptcy, and she must begin to

make restitution payments under threat of rearrest and incar-

ceration for violation of probation.

10. On February 21, 1984, Mr. Benevento, Senior Proba-

tion Officer, and Leonard Russman, District Manager, sent

Mrs. Robinson the letter attached hereto as Exhibit B.

34A

11. By letter dated March 19, 1984, said individuals, on

behalf of defendant, requested that plaintiff resume payments.

A copy of annexed hereto as Exhibit C.

12. Mrs. Robinson, a widow, was greatly distressed by

the threat of the Probation Department in view of her need

to care for her minor children, and obtain the fresh start she

had received in bankruptcy.

13. Plaintiff's attorney requested defendant Director of

the Office of Adult Probation to withhold further action

against Mrs. Robinson pending the decision in the case now

before this court on the same issue. A copy of the letter is

attached hereto as Exhibit D.

14. By letter dated February 10, 1984, defendant

expressed his intention “to proceed with the collection of

restitution.” A copy of the letter is attached hereto as Exhibit

E.

THE PLAINTIFF

BY: /s/ Joanne S. Faulkner

JOANNE S. FAULKNER

HER ATTORNEY

399 Temple Street

New Haven, CT 06511

777-4811

* * *

(Certification omitted in printing.)

35A

UNITED STATES BANKRUPTCY COURT

DISTRICT OF CONNECTICUT

IN RE CAROLYN ROBINSON : NO. 5-81-114

CAROLYN ROBINSON : ADV. NO.

V.

DIRECTOR, OFFICE OF ADULT

PROBATION, ET AL. : APRIL 12, 1984

DEFENDANTS’ RESPONSE TO

PLAINTIFF’S REQUEST FOR ADMISSIONS

The defendants respond to the request for admissions as

follows:

Paragraph 1) Admitted.

2) Denied as to first sentence. Admitted as to second

sentence.

3) Admitted.

4) Admitted.

5) Denied.

6) Admitted.

7) Admitted except as to word “‘debt,’’ which is denied.

8) Admitted.

9) Denied.

10) Admitted.

36A

11) Admitted.

12) Paragraph 12 cannot be admitted or denied because

the defendants are not in possession of sufficient facts and

which would enable the defendants to admit or deny such

request; moreover said request is objected to on the grounds

that such requested admission is wholly immaterial and irrele-

vant to the pending adtion.

13) Admitted.

14) Admitted.

RESPECTFULLY SUBMITTED,

DIRECTOR, OFFICE OF ADULT PROBATION

DIVISION OF CRIMINAL JUSTICE

DEFENDANTS

By /s/ Carl Schuman

CARL SCHUMAN

Assistant State’s Attorney

Appellate Unit

Office of the Chief State’s Attorney

(Certification omitted in printing.)

37A

UNITED STATES BANKRUPTCY COURT

DISTRICT OF CONNECTICUT

In Re: CAROLYN ROBINSON, :

DEBTOR, :

: Case No. 5-81-114

: Adv. No. 5-84-0063

CAROLYN ROBINSON, ;

PLAINTIFF, :

vs.

DIRECTOR, DEPARTMENT OF :

ADULT PROBATION, ET ALS. :

DEFENDANTS. : April 27, 1984

COMMISSIONERS, DEPARTMENTS OF INCOME

MAINTENANCE AND ADMINISTRATIVE SERVICES

RESPONSE TO REQUEST FOR ADMISSION

The defendants respond to the request for admissions as

follows:

1. Paragraph 1, admitted.

2. Paragraph 2, denied as to first sentence. Admitted as

to the second sentence.

3. Paragraph 3, admitted.

4. Paragraph 4, admitted.

38A

5. Paragraph 5, denied.

6. Paragraph 6, admitted.

7. Paragraph 7, admitted except as to word “debt,” which

is denied.

8. Paragraph 8, admitted.

9. Paragraph 9, denied.

10. Paragraph 10, admitted.

11. Paragraph 11, admitted.

12. Paragraph 12 cannot be admitted or denied because

the defendants are not in possession of sufficient facts and

cannot reasonably obtain such facts upon reasonable inquiry

which would enable the defendants to admit or deny such

request; moreover said request is objected to on the grounds

that such requested admission is wholly immaterial and irrele-

vant to the pending action.

13. Paragraph 13, admitted.

14. Paragraph 14, admitted.

39A

THE COMMISSIONERS, DEPARTMENT OF

INCOME MAINTENANCE and

ADMINISTRATIVE SERVICES

BY THEIR ATTORNEY

JOSEPH I. LIEBERMAN

ATTORNEY GENERAL

By: /s/ Edward F. Reynolds, Jr.

EDWARD F. REYNOLDS, JR.

ASSISTANT ATTORNEY GENERAL

90 Brainard Road

Hartford, CT. 06114

Telephone: 566-7014

(Certification omitted in printing.)

40A

IN THE

UNITED STATES BANKRUPTCY COURT

FOR THE

DISTRICT OF CONNECTICUT

SESSSSSSSSSSSSSSSSSSSSSESSSE SESS ESSE SESS SS

.

IN RE: CAROLYN ROBINSON, “

Debtor .

.

CAROLYN ROBINSON,

Plaintiff °

* CASE NO. 5-81-114

v. *

J

DIRECTOR, DEPARTMENT OF ADULT ‘*

PROBATION; and °

DIRECTOR, DIVISION OF CRIMINAL ‘*

JUSTICE OF THE JUDICIAL ¢

DEPARTMENT, :

Defendants °

.

SESESHSSSESSSSSSSSSSSSSSSSSESESESSSESES ESS

MOTION FOR PRELIMINARY INJUNCTION

Plaintiff requests this Court to issue preliminary injunc-

tion restraining defendant Director of the Department of

Adult Probation and his staff from taking any steps to request

or enforce payment, revoke probation, or report a violation

of probation herein, pending a determination of the

dischargeability issues herein.

For cause, plaintiff alleges that:

1. Since being served with process in in re Pellegrino, Case

No. 5-83-361, Adv. No. 5-83-554, defendant Director of the

Department of Adult Probation has issued an order which

has resulted in plaintiff, who is not paying her restitution

41A

debts because of her bankruptcy discharge, being toid that

the Department had determined that her debt is not

dischargeable, and that payments must be made under

penalties of arrest or revocation of probation.

2. By reason of the specific provisions of 22 U.S.C. sec.

523(a)(4) and (7), and sec. 523(c), there is reasonable likelihood

that plaintiff may prevail herein.

3. Defendant will merely be delayed in receiving payment

if the Department’s position is correct.

hardships to herself and her family if the injunction herein

is not granted.

WHEREFORE, plaintiff requests relief.

THE PLAINTIFF

BY: /s/ Francis X. Dineen

JOANNE S. FAULKNER

FRANCIS X. DINEEN

HER ATTORNEYS

399 Temple Street

New Haven, CT 06511

777-4811

ORDER

Motion for Preliminary Injunction is Denied. Dated at

Bridgeport, this 3rd day of April, 1984.

/s) Alan HW. Shiff

Alan HM. Shiff, Bankruptcy Judge

42A

STATE OF CONNECTICUT

SUPERIOR COURT

NOTICE TO APPEAR AND DOCKET NO. IS

COMPLAINT— VIOLATION CR-6-185844

OF PROBATION OR CONDI-

TIONAL DISCHARGE

JD-AP-46 New 4-82

Gen. Stat. 53a-32, Pr. Bk. 943

* * *

(Instructions omitted in printing.)

NAME AND ADDRESS OF DEFENDANT. Carolyn Robin-

son, 635 Fitch St., Hamden, CT

(NOTICE TO DEFENDANT omitted in printing.)

COMPLAINT:

The undersigned officer complains and alleges to the above-

named court that on or about: 5-4-81 to 4-1-84 at Hamden,

Connecticut the above-named defendant did violate the terms

and conditions of his/her probation/conditional discharge in

violation of General Statute 53a-30 in that:

On 11/14/80, the offender was sentenced in Superior

Court, G.A.6, New Haven, for the crime of Larceny 2nd by

Fraud, 2 counts and did receive a sentence of NLT 1 year NMT

3 years execution suspended and 5 years probation. Special

Condition: ‘‘Restitution in the amount of $9,932.00 at the rate

of $100.00 per month commencing 1/16/81.” As of 4/1/84, Ms.

Robinson had paid $450.00. The balance was $9,482.95. Last

payment was 5/4/81. Carolyn Robinson was making restitu-

tion on a regu! «r basis and was in satisfactory status.

Ms. Robinson filed bankruptcy with the United States

Bankruptsy [sic] Court and on 5/14/81, was discharged as a

debtor. Since that time, Ms. Robinson had made no further

payment.

43A

In March of 1984, Ms. Robinson did receive a letter from

the Office of Adult Probation informing Ms. Robinson that

the policy of this office as indicated by the Director of the

Judicial Department Office of Adult Probation is as follows:

“The Office of Adult Probation will adopt a position that the

condition of probation concerning restitution is valid and not

dischargeable. Ms. Robinson was also informed at that time.

that an arrearage of $3,450.00 was due.

On April 2, 1984, the offender did report to the Office of

Adult Probation with payment in the amount of $100.00. It

should be noted that the offender has abided by all agency

imposed conditions of probation excluding the special condi-

tion and that the offender has remained in satisfactory status

throughout the duration of the probation. To date, the offender

has paid $550.00 and at this point, an arrearage of $3,350.00

remains. It is suggested that an appropriate schedule be

arranged on a monthly basis in order to pay this amount by

11/14/85 which is the date that this probationary period

expires.

To date, the total balance due at this point is $9,382.95.

Dated at Hamden on 4/12/84. /s/ Vincent J. Benevento

Vincent J. Benevento

Sr. Probation Officer

NOTICE:

You, the above-named defendant, are hereby notified to appear

before the Superior Court at:

New Haven Superior Court, G.A. 6

121 Elm St., New Haven, CT

Court Appearance Date and Time: 4-27-84, 10:00 A.M.

then and there to answer to the charge of Violation of Proba-

tion/Conditional Discharge.

Dated at New Haven on April 13, 1984

Signed

{signature illegible]

Judge of the Superior Court

44A

* * *#

(FOR COURT USE ONLY omitted in printing.)

CERTIFICATION OF PERSONAL SERVICE:

I hereby certify that I served the foregoing notice to appear

and complaint by personally delivering a copy to the above-

named defendant:

On 4-16-84 at 12:00 P.M.

Signed: Vincent J. Benevento

Senior Probation Officer

45A

NO. CR6-185844

STATE OF CONNECTICUT : SUPERIOR COURT

V. :G.A. #6, AT NEW HAVEN

CAROLYN ROBINSON : APRIL 25, 1984

MOTION FOR STAY

The defendant, Carolyn Robinson, moves for a stay of pro-

ceedings in this Court with regard to the complaint of Viola-

tion of Probation filed against her, and in support of her

motion she represents the following:

1. On February 5, 1981, the defendant, Carolyn Robin-

son, filed her Chapter 7 petition for relief in bankruptcy in

the U.S. Bankruptcy Court for the District of Connecticut,

Case No. 5-81-114, and was granted an order for relief pursuant

to 11 U.S.C. §§ 301 and 362.

2. Duly scheduled in her petition and schedules was her

debt to the State of Connecticut Department of Income

Maintenance, and the Office of Adult Probation. Notice was

sent by the U.S. Bankruptcy Court to each of these entities

on February 20, 1981.

3. Prior to the last date for filing a complaint to deter-

mine dischargeability of a debt, pursuant to 11 U.S.C. § 523(c),

no such complaint was filed.

4. The defendant received her Discharge in Bankruptcy

on May 14, 1981.

5. The defendant’s debt to the State of Connecticut

Department of Income Maintenance, and the Office of Adult

Probation, was discharged by her Discharge in Bankruptcy.

Pursuant to 11 U.S.C. § 524, the Discharge voids any judg-

ment at any time obtained, to the extent that such judgment

46A

is a determination of the personal liability of the debtor with

respect to any debt discharged under 11 U.S.C. § 727, and fur-

ther operates as an injunction against the continuation of an

action, the employment of process, or any act, to collect,

recover or offset any such debt as a personal liability of the

debtor.

6. The defendant has already filed and sei ved a Com-

plaint to Determine Dischargeability of Debt in order to obtain

a judicial determination that the restitution debt, involved

in this instant Superior Court probation complaint, was

discharged in defendant’s bankruptcy. Said complaint is pend-

ing before the U.S. Bankruptcy Court, Adversary No.

205-5-84-0063, and a trial date has been set for May 18, 1984.

The State of Connecticut is a party in said action in the

Bankruptcy Court, and the defendant is seeking both

declaratory and injunctive relief therein.

7. In view of the fact that the issues presently being

litigated in the U.S. Bankruptcy Court will be determinative

of all or some of the issues involved in this instant Superior

Court probation complaint, the defendant is requesting that

this instant matter be stayed until there is a final decision,

including a final decision on any appeals that may be taken

by either party, rendered on the defendant’s Complaint

pending in the Bankruptcy Court.

8. The defendant recognizes that, pursuant to Conn. Gen.

Stat. § 53a-31(b), the period of her sentence of probation is

interrupted from the date of the issuance of the Notice to

Appear (April 16, 1984) through the entire period of the stay

until a final determination as to the alleged violation of pro-

bation has been made by this Court.

47A

THE DEFENDANT, CAROLYN ROBINSON

BY:

FRANCIS X. DINEEN

HER ATTORNEY

399 Temple Street

New Haven, CT 06511

777-4811

ORDER

The foregoing motion having been duly presented to this

Court, it is hereby

ORDERED: that the proceedings in this Complaint of

Violation of Probation be and hereby are stayed pending the

final determination, including the final determination of any

appeals that may be taken by any party, of the defendant’s

Complaint, Adv. No. 205-5-84-0063, presently pending in the

U.S. Bankruptcy Court. Pursuant to Conn. Gen. Stat.

§ 53a-31(b), the period of the defendant’s sentence of proba-

tion is interrupted during the period of this stay of proceedings

until a final determination of the alleged violation of proba-

tion has been made by this Court.

Sherman Drutman, J.

JUDGE OF THE SUPERIOR COURT

* * *

(Certification omitted in printing.)

48A

-

~~?

a

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