Atlas Biologicals, Inc. v. Kutrubes

Adversary Proceeding
Lead BK case is: 1:20-bk-18219

Colorado Bankruptcy Court
Chapter 7
Judge:Joseph G Rosania Jr
Case #: 1:23-ap-01266
Nature of Suit67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny
68 Bankruptcy - Dischargeability - §523(a)(6), willful and malicious injury
62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud
Case Filed:Dec 18, 2023
Terminated:Dec 23, 2024
Last checked: Thursday Dec 26, 2024 2:57 PM MST
Defendant
Thomas Kutrubes
3602 Voyager Lane
Fort Collins, CO 80528
Represented By
Aaron A Garber
contact info
Thomas Kutrubes
contact info
Plaintiff
Atlas Biologicals, Inc.
2649 E. Mulberry St #3
Fort Collins, CO 80524
Represented By
David M. Miller
Spencer Fane LLP
contact info


Docket last updated: 04/29/2025 1:05 PM MDT
Monday, December 23, 2024
court Close Adversary Case Mon 12/23 8:58 AM
Adversary Case Number 23-1266 Closed. (jss)
Related: [-]
Sunday, December 08, 2024
49 49 court BNC Certificate of Mailing Sun 12/08 10:16 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 12/08/2024. (Admin.)
Related: [-] 48 Order Dismissing Adversary Proceeding
Friday, December 06, 2024
48 48 order Dismiss Adversary Proceeding Fri 12/06 11:05 AM
Order Granting Motion to Dismiss Adversary Proceeding With Prejudice Related [+]. (jss)
Related: [-] 1 Complaint
utility Disposition of Adversary Fri 12/06 11:06 AM
Disposition of Adversary Proceeding Number 23-1266 JGR. Final Order or Judgment Has Entered. Tickle Due Date 12/20/2024. (jss)
Related: [-]
Thursday, December 05, 2024
47 47 motion Motion Thu 12/05 3:26 PM
Motion Stipulated Dismissal of Adversary Proceeding with Prejudice Filed by David M. Miller on behalf of Atlas Biologicals, Inc.. (Miller, David)
Related: [-]
Att: 1 Proposed/Unsigned Order Order Granting Motion to Dismiss Adversary Proceeding with Prejudice
Wednesday, December 04, 2024
46 46 court BNC Certificate of Mailing Wed 12/04 10:24 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 12/04/2024. (Admin.)
Related: [-] 45 Other Order
Monday, December 02, 2024
45 45 order Other Order Mon 12/02 4:09 PM
Order Granting Motion to Approve Settlement Agreement. Related [+]. (mmg)
Related: [-] 44 Motion
Wednesday, November 27, 2024
44 44 motion Motion Wed 11/27 2:13 PM
Motion Joint Motion to Approve Settlement Agreement Filed by David M. Miller on behalf of Atlas Biologicals, Inc.. (Miller, David)
Related: [-]
Att: 1 Exhibit A - Settlement Agreement
Att: 2 Proposed/Unsigned Order Approving Settlement Agreement
Thursday, November 21, 2024
43 43 court BNC Certificate of Mailing Thu 11/21 10:18 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 11/21/2024. (Admin.)
Related: [-] 42 Order on Motion to Extend Time
Tuesday, November 19, 2024
42 42 order Extend Time Tue 11/19 9:38 AM
Order Extending Summary Judgment Reply Deadline Related [+]. Document due by 12/16/2024 for41 , (jss)
Related: [-] 41 Motion to Extend Time (Bankruptcy)
Friday, November 15, 2024
41 41 motion Extend Time (Bankruptcy) Fri 11/15 4:05 PM
Sixth Motion to Extend Time Due To Other Reasons To Reply to Defendant's Response to Motion for Summary Judgment Filed by David M. Miller on behalf of Atlas Biologicals, Inc.. (Miller, David)
Related: [-]
Att: 1 Proposed/Unsigned Order
Wednesday, November 06, 2024
40 40 court BNC Certificate of Mailing Wed 11/06 10:20 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 11/06/2024. (Admin.)
Related: [-] 39 Order on Motion to Extend Time-Adversary
Monday, November 04, 2024
39 39 order Extend Time (Adversary) Mon 11/04 10:31 AM
Order Extending Summary Judgment Reply Deadline Related [+]. Document due by 11/15/2024 for38 , (jss)
Related: [-] 38 Motion to Extend Time
Friday, November 01, 2024
38 38 motion Extend Time (Adversary) Fri 11/01 5:58 PM
Fifth Motion to Extend Time Due To Other Reasons To 11/15/24 Filed by David M. Miller on behalf of Atlas Biologicals, Inc.. (Miller, David)
Related: [-]
Att: 1 Proposed/Unsigned Order Extending Summary Judgment Reply Deadline
Thursday, October 24, 2024
37 37 court BNC Certificate of Mailing Thu 10/24 10:16 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 10/24/2024. (Admin.)
Related: [-] 35 Order on Motion to Extend Time-Adversary
Tuesday, October 22, 2024
36 36 order Vacate Hearing Tue 10/22 10:11 AM
Order To Vacate Hearing Related [+]. (jss)
Related: [-] 34 Motion to Extend Time,35 Order on Motion to Extend Time-Adversary
35 35 order Extend Time (Adversary) Tue 10/22 10:10 AM
Order Extending Summary Judgment Reply Deadline Related [+]. Stipulation due by 11/1/2024 for34 , (jss)
Related: [-] 34 Motion to Extend Time
Monday, October 21, 2024
34 34 motion Extend Time (Adversary) Mon 10/21 4:51 PM
Fourth Motion to Extend Time Due To Other Reasons To 11/01/2024 Filed by David M. Miller on behalf of Atlas Biologicals, Inc.. (Miller, David)
Related: [-]
Att: 1 Proposed/Unsigned Order Extending Summary Judgment Reply Deadline
Sunday, October 06, 2024
33 33 court BNC Certificate of Mailing Sun 10/06 10:15 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 10/06/2024. (Admin.)
Related: [-] 32 Order to Reschedule Hearing
Friday, October 04, 2024
32 32 order Reschedule Hearing Fri 10/04 10:03 AM
Order Extending Summary Judgment Reply Deadline. Plaintiffs deadline to Reply to Defendants Response to Motion for Summary Judgment is extended to October 21, 2024. FURTHER ORDERS that the status and scheduling conference currently scheduled for October 8, 2024 at 11:00 a.m., is VACATED and RESCHEDULED to October 24, 2024 at 2:30 p.m. Related [+]. Telephonic Conference to be held on 10/24/2024 at 02:30 PM Courtroom B. Reply due by 10/21/2024. (mjb)
Related: [-] 31 Motion For Extension of Time,23 Response
Thursday, October 03, 2024
31 31 motion Extend Time (Adversary) Thu 10/03 12:51 PM
Third Motion to Extend Time Due To Other Reasons To 10/21/2024 Filed by David M. Miller on behalf of Atlas Biologicals, Inc.. (Miller, David)
Related: [-]
Att: 1 Proposed/Unsigned Order Extending Summary Judgment Reply Deadline
Saturday, September 14, 2024
30 30 court BNC Certificate of Mailing Sat 09/14 10:17 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 09/14/2024. (Admin.)
Related: [-] 29 Order to Reschedule Hearing
Thursday, September 12, 2024
29 29 order Reschedule Hearing Thu 09/12 4:00 PM
Order Extending Summary Judgment Reply Deadline and Reschedule Hearing Related [+]. Hearing to be held on 10/8/2024 at 11:00 AM Courtroom B for28 and for26 , . Document due by 10/3/2024 for28 and for26 , (sd)
Related: [-] 26 Order to Reschedule Hearing,28 Motion to Extend Time
28 28 motion Extend Time (Adversary) Thu 09/12 10:54 AM
Second Motion to Extend Time Due To Other Reasons To 10/03/2024 Filed by David M. Miller on behalf of Atlas Biologicals, Inc.. (Miller, David)
Related: [-]
Att: 1 Proposed/Unsigned Order Extending Summary Judgment Reply Deadline
Friday, August 30, 2024
27 27 court BNC Certificate of Mailing Fri 08/30 10:16 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 08/30/2024. (Admin.)
Related: [-] 25 Order on Motion to Extend Time-Adversary
Wednesday, August 28, 2024
26 26 order Reschedule Hearing Wed 08/28 3:30 PM
Order To Reschedule Hearing Related [+]. Hearing to be held on 9/24/2024 at 11:00 AM Courtroom B for25 , . (jss)
Related: [-] 25 Order on Motion to Extend Time-Adversary
25 25 order Extend Time (Adversary) Wed 08/28 3:18 PM
Order Extending Summary Judgment Reply Deadline And Order Rescheduling Telephonic Status And Scheduling Conference Related [+]. Reply due by 9/12/2024 for24 , (jss)
Related: [-] 24 Motion to Extend Time
Tuesday, August 27, 2024
24 24 motion Extend Time (Adversary) Tue 08/27 2:52 PM
Motion to Extend Time Due To Other Reasons To 09/12/2024 Filed by David M. Miller on behalf of Atlas Biologicals, Inc.. (Miller, David)
Related: [-]
Att: 1 Proposed/Unsigned Order Extending Summary Judgment Reply Deadline
Thursday, August 22, 2024
23 23 answer Response Thu 08/22 12:10 PM
Response Filed by Aaron A Garber on behalf of Thomas Kutrubes Related [+]. (Garber, Aaron)
Related: [-] 16 Motion for Summary Judgment
Thursday, August 15, 2024
22 22 court BNC Certificate of Mailing Thu 08/15 10:33 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 3. Notice Date 08/15/2024. (Admin.)
Related: [-] 21 Order on Motion to Extend Time-Adversary
Tuesday, August 13, 2024
21 21 order Extend Time (Adversary) Tue 08/13 1:19 PM
Order Extending Summary Judgment Response Deadline Related [+]. Response due by 8/22/2024 for20 , (jss)
Related: [-] 20 Motion to Extend Time
Monday, August 12, 2024
20 20 motion Extend Time (Adversary) Mon 08/12 10:28 AM
Unopposed Motion to Extend Time Due To Other Reasons To Summary Judgment Response Filed by Aaron A Garber on behalf of Thomas Kutrubes. (Garber, Aaron)
Related: [-]
Att: 1 Proposed/Unsigned Order
Saturday, August 03, 2024
19 19 court BNC Certificate of Mailing Sat 08/03 10:19 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 08/03/2024. (Admin.)
Related: [-] 18 Order to Reschedule Hearing
Thursday, August 01, 2024
18 18 order Reschedule Hearing Thu 08/01 10:40 AM
Order To Reschedule Hearing Related [+]. Hearing to be held on 9/12/2024 at 02:00 PM Courtroom B for17 , . Defendants deadline to respond to Plaintiffs Motion for Summary Judgment is extended to 8/15/2024 for17 , (jss)
Related: [-] 17 Motion
Wednesday, July 31, 2024
17 17 motion Motion Wed 07/31 4:45 PM
Motion JOINT MOTION TO: (A) VACATE FINAL PRETRIAL CONFERENCE (B) CONTINUE TRIAL-RELATED DEADLINES, AND (C) EXTEND SUMMARY JUDGMENT RESPONSE DEADLINE Filed by Aaron A Garber on behalf of Thomas Kutrubes. (Garber, Aaron)
Related: [-]
Att: 1 Proposed/Unsigned Order
Thursday, July 11, 2024
16 16 motion Summary Judgment Thu 07/11 9:32 AM
Motion For Summary Judgment Filed by David M. Miller on behalf of Atlas Biologicals, Inc.. (Miller, David)
Related: [-]
Att: 1 Exhibit A - Findings of Fact and Conclusions of Law
Att: 2 Exhibit B - Order on Plaintiff's Motion for Award of Attorney Fees and Expert Witness Fees
Att: 3 Exhibit C - Order and Judgment
Thursday, March 21, 2024
15 15 court BNC Certificate of Mailing Thu 03/21 10:15 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 03/21/2024. (Admin.)
Related: [-] 14 7016 Scheduling Order
Tuesday, March 19, 2024
14 14 order 7016 Scheduling Order (Adversary) Tue 03/19 10:29 AM
Order And Notice Of Trial Related Deadlines Pursuant To Fed.R.Bankr.P. 7016 (Fed.R.Civ.P. 16(B)) Related [+]. Discovery due by 10/1/2024 for13 , Dispositive Motion due 7/12/2024 for13 , Pre-Trial Statement due by 8/26/2024 for13 , Pre-Trial Conference to be held on 9/3/2024 at 11:00 AM Courtroom B for13 , . (jss)
Related: [-] 13 7026f Report
Monday, March 18, 2024
13 13 misc 7026 (f) Report Mon 03/18 5:33 PM
F.R.B.P. 7026 (f) Report Filed by David M. Miller on behalf of Atlas Biologicals, Inc. Related [+]. (Miller, David)
Related: [-] 10 Order to File
12 12 misc Status Report Mon 03/18 5:09 PM
Status Report Filed by David M. Miller on behalf of Atlas Biologicals, Inc. Related [+]. (Miller, David)
Related: [-] 10 Order to File
Sunday, February 04, 2024
11 11 court BNC Certificate of Mailing Sun 02/04 10:13 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 02/04/2024. (Admin.)
Related: [-] 10 Order to File
Friday, February 02, 2024
10 10 order File Fri 02/02 9:11 AM
Order for Compliance with FED.R.BANKR.P. 7026 (Fed.R.Civ.P. 26(a) and (f)) Related [+]. Document due by 3/18/2024 for9 and for1 , (jss)
Related: [-] 1 Complaint,9 Answer to Complaint
Thursday, February 01, 2024
9 9 answer Answer to Complaint Thu 02/01 11:43 AM
Answer to Complaint Filed by Aaron A Garber on behalf of Thomas Kutrubes Related [+]. (Garber, Aaron)
Related: [-] 1 Complaint
Thursday, January 18, 2024
8 8 court BNC Certificate of Mailing Thu 01/18 10:20 PM
Courts Notice or Order and BNC Certificate of Mailing Related [+]. No. of Notices: 2. Notice Date 01/18/2024. (Admin.)
Related: [-] 7 Order on Motion to Extend Time To File Answer to Complaint
Tuesday, January 16, 2024
7 7 order Extend Time To File Answer to Complaint Tue 01/16 4:26 PM
Order Extending Time To Respond To Complaint Thomas Kutrubes Answer Due 2/1/2024 Related [+]. (sd)
Related: [-] 6 Motion to Extend Time To File Answer to Complaint
6 6 motion Extend Time To File Answer to Complaint Tue 01/16 4:21 PM
Consented to Motion to Extend Time To Respond To Complaint Filed by Aaron A Garber on behalf of Thomas Kutrubes Related [+]. (sd)
Related: [-] 1 Complaint
5 5 motion Extend Time (Adversary) Tue 01/16 12:59 PM
Unopposed Motion to Extend Time Due To Other Reasons To Respond to Complaint Filed by Aaron A Garber on behalf of Thomas Kutrubes. (Garber, Aaron)
Related: [-]
Att: 1 Proposed/Unsigned Order
Tuesday, December 19, 2023
4 4 misc Summons Service Executed (Adversary) Tue 12/19 2:03 PM
Summons Service Executed On: Thomas Kutrubes Filed by David M. Miller on behalf of Atlas Biologicals, Inc.. (Miller, David)
Related: [-]
Monday, December 18, 2023
3 3 court Summons Issued (auto) Mon 12/18 2:18 PM
Summons Issued on Thomas Kutrubes Answer Due 01/17/2024. Government Agencies Are Allowed 35 Days From Service Of The Summons To Answer This Complaint.[LINK:Notice To Litigants] required to be served with Summons per General Procedure Order. (Miller, David)
Related: [-]
2 2 crditcrd Auto-Docket of Credit Card Mon 12/18 2:13 PM
Receipt of Complaint([LINK 23-01266 JGR] ) [cmp,cmpt] ( 350.00) Filing Fee. Receipt number A32454184. Fee amount 350.00 (U.S. Treasury)
Related: [-]
1 1 cmp Complaint Mon 12/18 2:11 PM
Adversary case 23-01266 Complaint by Atlas Biologicals, Inc. against Thomas Kutrubes. Fee Paid. Adversary Status Deadline 03/18/2024 (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Miller, David)
Related: [-]
Att: 1 Exhibit A
Att: 2 Exhibit B
Att: 3 Exhibit C