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Judge denies disqualification, orders insurance check issued to entitled spouse
Summary
In a property and bankruptcy dispute, the court denied a motion to disqualify opposing counsel, found the bankruptcy filing does not prevent enforcement of certain prior orders, and ordered the insurer to issue the settlement check directly to the identified spouse and counsel.
The court addressed objections arising from a debtor's recent bankruptcy notice and a dispute about execution and delivery of an insurance check tied to a prior divorce decree. A respondent asserted the deed acknowledgment was defective and asked the court to continue property issues pending bankruptcy; opposing counsel moved to disqualify Reynolds, Potter, and Reagan but the judge found no basis for disqualification.
The judge ordered the insurance company to issue the settlement check in the spouse’s name and to mail it directly to her attorney’s office. The court said the bankruptcy filing might trigger the bankruptcy court’s exclusive jurisdiction over included property but rejected attempts to use the bankruptcy filing as a means to avoid compliance with this court’s orders. ‘‘I will order the insurance company to issue that check in your client’s name only and to issue it directly to your office,’’ the judge said. The court also overruled objections to deed execution and preserved the moving party’s right to pursue a rule‑60 contest after the bankruptcy court resolves ownership questions.
Counsel and the respondent were directed to work with the clerk and, where necessary, to pursue relief in bankruptcy court about property included in the bankruptcy estate.
