Zimmerman v. Rosenthal (In re Pasco Tobacco Co.)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

There comes a time in almost any judge’s life when someone challenges his fairness and impartiality. Unfortunately, for me, after seventeen years, our time (to our utter surprise) has come. The defendant in this adversary proceeding has moved that we recuse ourself. He also seeks to dismiss the trustee’s complaint for lack of subject matter jurisdiction. For the reasons stated hereafter, we will deny both of these motions.

The facts of this case are as follows:1 The bankrupt, Pasco Tobacco Co., Inc., filed a petition in bankruptcy under the Bankruptcy…