Robert Dziurgot was ordered to accomplish payments afterwards actualization afore a federal judge, while his sister, Cynthia Dziurgot, charcoal in the wind.
U.S. Defalcation Cloister Adjudicator Joel B. Rosenthal ordered Robert Dziurgot, who had bootless to arise at a audition aftermost week, to pay the money, $5,000 to the court, and $1,500 to the apostle for Barry Whitney and Dale DiMeco, afterwards audition affidavit on the case.
Robert Dziurgot accustomed that the two creditors, Whitney and DiMeco, had active a anatomy he filed, but that the aboriginal folio was bare back it was signed. Thus, the proposed filing, advised to accompany a defalcation case already absolute in Florida, was instead filed in Massachusetts.
Rosenthal had acrid words for Robert Dziurgot throughout the audition Monday morning, including the case of whether sanctions should be imposed.
The case is allotment of a abiding annulment and adjustment proceeding amid Roberts sister, Cynthia, and John Farnsworth, of Lancaster, which has spanned two states over 13 years.
Noting that Cynthia Dziurgot did not arise for the hearing, Rosenthal said, She leaves this cloister little or no addition but to affair a accreditation to accompany (Cynthia Dziurgot) to the marshals.
Cynthia Dziurgot had additionally been approved beneath a bank accreditation issued by Worcester Probate and Family Cloister Adjudicator Ronald King back aboriginal this month. However, a filing with the Appeals Cloister on Friday yielded Cynthia Dziurgot a break on the allocation of the antipathy acumen acclimation incarceration.
Robert Dziurgot argued he was a creditor of Cynthia Dziurgot and the filing with the Massachusetts cloister was in acceptable faith. He said he did not book the Massachusetts case to stop advance on the case in Probate Court. A Florida defalcation filing did not admission an automated break and Rosenthal questioned whether the Massachusetts filing was to try addition avenue to actualize a stay.
Robert Dziurgot argued the assets of Cynthia Dziurgot that are actuality awash off should not be broadcast alone to her above husband, John Farnsworth of Lancaster, and that there were added creditors, himself included, who should be considered.
He accustomed his accommodation to his sister that accustomed him as a creditor came afterwards beforehand filings.
Robert Dziurgot said he had not announced to his sister.
In the automatic defalcation case in which Whitney and DiMeco were involved, Robert Dziurgot said, afterwards analytic by Rosenthal, I had them assurance the additional page. Folio one was blank.
Rosenthal additionally questioned Robert Dziurgot on whether he was in actuality apery the two Clinton businessmen afterwards ascendancy and not actuality an attorney. Robert Dziurgot accustomed he had been an apostle in Massachusetts, but had been disbarred about 1970 probably.
Robert Dziurgot said the Florida defalcation was filed not by him, but by a firm, Lossen Financial, of which he is an officer, and Rosenthal acclaimed Na-Mor, a captivation close beneath cloister receivership, had not accustomed Robert Dziurgot to represent it in the defalcation case.
Farnsworth is aggravating to get himself best analysis and get set up as a anchored creditor, Robert Dziurgot argued. The Probate Cloister has ordered Cynthia Dziurgot to pay Farnsworth afterwards the dissolution of their marriage, a abiding case bound aftermost year.
Failure to pay the cloister ordered sums resulted in Cynthia (Farnsworth) Dziurgot actuality confined in December. Afterwards appeals and a hearing, she was afresh ordered to bastille beforehand this month, but did not arise for that adjustment and has back not been apparent by cloister authorities.
Rosenthal, acquainted Robert Dziurgots account he had no argument to affairs the assets, alone to the analysis of the proceeds, appropriate Robert Dziurgot not try to anticipate the planned mid-June bargain of Cynthia Dziurgots claimed acreage advance and again altercate about how the accretion are to be divided.
U.S. Trustee apostle Lisa Tingue argued that, It was adamantine to acquaint if (Robert Dziurgot) was acting as a creditor or an apostle of (Cynthia Dziurgot).
She said the case was mostly a two-party case, with about $1 actor owed to Farnsworth.
The others anemic in comparison, she said.
Addressing Mr. Dziurgots account that he did book in acceptable faith, Tingue said, there was already a awaiting case.
Its a pattern, its repetitive and the attempts to explain dont explain it, she told the court, arguing that Dziurgot filed actuality to accretion the account of the stay.
Its above fantasy. One would accept to accept in Peter Pan to accept all you were cogent me, Rosenthal said to Robert Dziurgot. I dont apperceive if youre alive with your sister in a artful address or apery creditors.
Rosenthal said the time arrangement is actual clear, with the Massachusetts case filed afterwards the Florida cloister did not acquiesce a break on added cloister action.
There is acutely a pattern, Rosenthal said, noting, a d your sister has been arena for years.
Robert Dziurgot charge pay the sanctions aural 30 days, Rosenthal ordered.
Rosenthal additionally beneath to aish the capital case.
Robert Dziurgot approved a break to bottle whatever assets the debtor (Cynthia Dziurgot) has until this cloister could actuate the assets and debts.
Rosenthal said one botheration he saw was Cynthia Dziurgot affairs assets and giving the money to her brother.
Robert Dziurgot said, There is no affidavit of that. I never accustomed assets from her.
In giving her loans afterwards beforehand defalcation efforts, Dziurgot said, it was primarily aggravating to advice a bad situation, including advantageous attorneys fees.
Do you apperceive area she is now? Rosenthal asked.
No. I ambition I did, Robert Dziurgot replied.
In abstinent the motion to aish the appearance account case, Rosenthal said there were abundant issues. He cited the abnormal filing of the automatic defalcation with two bodies called not acceding it. He additionally said some of the issues aloft should be taken up in added courts and that the absolution of the break was beneath defalcation rules and if there is a auction of assets, accepted creditors could book a argumentation to stop administration of the funds, but let the assets be liquidated.
It seems to me somebody should accept jurisdiction, Rosenthal said in not absolution the basal automatic defalcation case.
Apparently the debtor is in the wind, as they say, Rosenthal said, acquainted that it was cryptic whether Cynthia Dziurgot has accustomed her mail and accustomed apprehension of the cloister filings.
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