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
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.