Agustin Mejia

CourtUnited States Bankruptcy Court, S.D. New York
DecidedFebruary 19, 2025
Docket24-22488
StatusUnknown

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Bluebook
Agustin Mejia, (N.Y. 2025).

Opinion

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------ x

In re: : : Chapter 13 Agustin Mejia : Case No. 24-22488 (CGM) : Debtor.

-------------------------------------------------x MEMORANDUM DECISION GRANTING THE CHAPTER 13 TRUSTEE’S MOTION FOR CONTEMPT

A P P E A R A N C E S :

Chapter 13 Trustee THOMAS C. FROST, ESQ. 399 Knollwood Road White Plains, NY 10603

Attorney for Debtor KENNETH ROSELLINI 636A Van Houten Avenue Clifton, New Jersey 07013

CECELIA G. MORRIS UNITED STATES BANKRUPTCY JUDGE

Jurisdiction This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1334(a); 28 U.S.C. § 157(a); the Standing Order of Reference signed by Chief Judge Loretta A. Preska dated January 31, 2012; and In re Petrie Retail, Inc., 304 F.3d 223 (2d Cir. 2002) (“A bankruptcy court retains post-confirmation jurisdiction to . . . enforce its own orders.”).

This is a “core proceeding” under 28 U.S.C. § 157(b)(2). Background

On June 3, 2024 (“Petition Date”), Kenneth Rosellini (“Mr. Rosellini”) filed a Chapter 13 petition for relief in this court (“Court”) on behalf of Agustin Mejia (“Debtor”). The substantially deficient petition failed to attach the required

documentation by June 17, 2024, the deadline for incomplete filings. In fact, Mr. Rosellini never filed the required documentation to adequately represent Debtor in a chapter 13 case. On June 4, 2024, the Court issued a notice for a hearing on July 31, 2024 to consider automatic dismissal of Debtor’s case.

On July 27, 2024, neither Debtor nor Mr. Rosellini appeared for the section 341(a) meeting of the creditors (“341 Meeting”). The 341 Meeting was adjourned to August 7, 2024. On July 18, 2024, Mr. Rosellini filed an untimely application

(“Extension Motion”) seeking extension of time to file schedules. See Mot. To Extend Deadline to File Schedules or Provide Required Info., Case No. 24-22488- cgm, ECF No. 10. The Extension Motion was filed over one month after the required

documentation was due, and well after the fourteen (14)-day period proscribed by Bankruptcy Rules 1007(c), 3015(b), and 9006(b). See FED. R. BANKR. PRO. 1007(c), 3015(b), 9006(b). The Court adjourned the July 31, 2024 hearing date for August 28, 2024 to hear automatic dismissal and the Extension Motion simultaneously.

On August 26, 2024—just two (2) days before the hearing on automatic dismissal and the Extension Motion—Mr. Rosellini filed a notice seeking to withdraw the Extension Motion and dismiss the Debtor’s case. See Mot. to Dismiss,

Case No. 24-22488-cgm, ECF No. 13; Notice of Withdrawal, Case No. 24-22488- cgm, ECF No. 14. Continuing the pattern in this case and others filed by Mr. Rosellini, as set forth below and in detail in the chapter 13 trustee’s (“Chapter 13 Trustee”) motion

seeking an order to show cause (“Motion for Order to Show Cause”), neither Mr. Rosellini nor Debtor appeared for the August 28 hearing. Unsurprisingly, neither Mr. Rosellini nor Debtor appeared for the adjourned 341 Meeting on August 7, 2024,

either. At the August 28 hearing on Mr. Rosellini’s Extension Motion, which Mr. Rosellini failed to appear for, the Chapter 13 Trustee detailed the concerning history of Mr. Rosellini’s conduct in this case and in other cases filed by Mr. Rosellini in

this Court. Particularly, with respect to Mr. Rosellini’s failure to appear for court hearings and section 341(a) meetings, failure to file required documentation, and blatant disregard for this Court’s prior orders. The Court granted dismissal of

Debtor’s case and retained jurisdiction over Mr. Rosellini on the Motion for Order to Show Cause, which was filed on September 18, 2024. See Mot. Seeking Order to Show Cause, Case No. 24-22488-cgm, ECF No. 17; Order Granting Mot. to Dismiss

Case, Case No. 24-22488-cgm, ECF No. 15. This is not Mr. Rosellini’s first, second, or third time failing to adequately represent his client in this Court. In the last four (4) cases1 in which Mr. Rosellini

appeared as counsel for a chapter 13 or chapter 7 debtor in this Court, Mr. Rosellini has (i) filed petitions without the proper documentation, (ii) failed to appear for court hearings and section 341(a) meetings, and (iii) failed to make payments, all as required by the Bankruptcy Code and Bankruptcy Rules. See In re Badusha

Redzeposki, Case No. 22-22327-cgm, ECF Nos. 11, 14 (voluntarily dismissing case after failing to file attorney disclosure statements, schedules, chapter 13 model plan, among other required documentation); In re Sanchez, Case No. 22-22214-cgm, ECF

No. 16 (voluntarily dismissing case after failing to appear for section 341(a) meeting, failing to make payments, failing to file attorney disclosure statements, schedules, chapter 13 model plan, among other required documentation); In re Scanlan, Case No. 19-23120-shl, ECF Nos. 28, 33 (same); In re Williams, Case No. 19-36202-

cgm, ECF No. 31 (dismissing case for failing to attend section 341(a) meeting, failing to make payments, failing to file schedules and statements, chapter 13 plan,

1 The United States Trustee’s Statement (as defined below) details additional cases filed by Mr. Rosellini in this jurisdiction resulting in sanctions imposed upon him for failing to adequately represent his clients. See Statement of United States Trustee Re: Mot. to Reconsider, Case No. 19-23120-shl, ECF No. 35. among other required documentation). Mr. Rosellini’s practice and pattern of filing cases and abandoning them is clearly not unfamiliar to this Court.

Sanctions were considered and imposed against Mr. Rosellini in three of those cases. See Order Directing Attorney’s Fees Disgorged, Case No. 22-22327-cgm, ECF No. 30 (disgorging $1,700 in attorney’s fees and “directing Mr. Rosellini to

appear within 14 days the next time he files a petition without the proper documentation. Mr. Rosellini was warned that he will be reported to the grievance committee next time he fails to provide proper documentation timely”); Order Imposing Sanctions, Case No. 19-23120-shl, ECF No. 26 (disgorging all attorney’s

fees and imposing sanctions in the amount of $1,000 for failing to adequately represent his client and prosecute Debtor’s case); Order Disgorging Legal Fees, Case No. 19-36202-cgm, ECF No. 22 (disgorging all prepetition attorney’s fees for failing

to adequately represent his client). In the most recent case filed by Mr. Rosellini in this Court, In re Badusha Redzeposki, the Court entered an order dated October 7, 2022 (the “Redzeposki Order”), disgorging attorney’s fees and directing Mr. Rosellini to, in no uncertain

terms, “. . . appear within 14 days the next time he files a petition without the proper documentation. Mr. Rosellini was warned that he will be reported to the grievance committee [the] next time he fails to provide proper documentation timely.” See

Order Directing Attorney’s Fees Disgorged, Case No. 22-22327-cgm, ECF No. 30. The Court entered the Redzeposki Order based upon an order to show cause issued for Mr. Rosellini’s failure to appear at a hearing on his own motion and failure to

file required documentation in that case. See Order to Show Cause, Case No. 22- 22327-cgm, ECF No. 12. Mr. Rosellini’s conduct in In re Scanlan and the findings in connection

therewith drive the point home: Mr. Rosellini files individual or consumer cases under chapter 7 or chapter 13 in this Court and then abandons them.

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Agustin Mejia, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agustin-mejia-nysb-2025.