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Tuesday, October 06, 2009
Ind. Courts - "St. Joseph County judge orders liquidation of Gabriele's assets"
Updating earlier ILB entries on the Gabriele estate case, Alicia Gallegos of the South Bend Tribune reports today in a story that begins:
SOUTH BEND — Some assets of Philip Gabriele's estate will soon be liquidated in order to pay for outstanding bills and legal fees associated with the late doctor's case, according to a judge's order.The decision Friday comes after the newly appointed executor of Gabriele's will — 1st Source Bank — filed an emergency petition requesting the liquidation.
According to the petition, bank administrators have completed an inventory of the Gabriele estate, finding that the doctor's assets are worth a total of $2.8 million.
Despite the substantial value, the petition says not enough liquidity exists to pay current administration expenses including:
"The ordinary expenses associated with the wind down of the business and both appraising and preserving the Estate assets, and the expenses of defending for the benefit of the Estate, the federal case pending against Gabriele Eye Institute."
The criminal case against the company that was owned by Gabriele and his wife Marcella, The Gabriele Eye Institute, is set to go forward Oct. 20 despite the absence of its owners.
Philip and Marcella Gabriele were found dead in an apparent murder-suicide in June just hours before they were to appear before a judge on a 15-count criminal indictment involving health care fraud.
Shortly after their deaths, Marcella's brother, Jon Alex Dawson, filed a lawsuit alleging that Philip Gabriele's will — which does not include his wife's name — was improperly executed and the doctor was under "undue influence" when he penned the document.
Posted by Marcia Oddi on October 6, 2009 09:11 AM
Posted to Ind. Trial Ct. Decisions