Adams Farms v. James (In re James)

166 B.R. 181, 8 Fla. L. Weekly Fed. B 27, 1994 Bankr. LEXIS 565
CourtUnited States Bankruptcy Court, M.D. Florida
DecidedMarch 8, 1994
DocketBankruptcy No. 90-3326-9P7; Adv. Nos. 92-272, 92-273
StatusPublished
Cited by4 cases

This text of 166 B.R. 181 (Adams Farms v. James (In re James)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams Farms v. James (In re James), 166 B.R. 181, 8 Fla. L. Weekly Fed. B 27, 1994 Bankr. LEXIS 565 (Fla. 1994).

Opinion

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 7 case in which the issue of whether or not the Plaintiff in Adversary Proceeding No. 92-273, International Paper Company (International Paper), and the Plaintiff in Adversary Proceeding No. 92-273, Adams Farms, et al. (Adams Farms), are in fact creditors thus have standing to prosecute these adversary proceedings. The [182]*182issue arose in an awkward procedural posture and for this reason a brief recitation of the procedural background and the relevant facts as they appear from same should be helpful.

On April 3, 1992, International Paper filed a Complaint which sought a determination pursuant to § 727(c) first that Jack Sidney James (Debtor) is not entitled to a general bankruptcy discharge or in the alternative a determination pursuant to § 523(c) that the liability of the Debtor to International Paper should be excepted from the overall protection of the general bankruptcy discharge. International Paper in ¶ 1 of its Complaint, alleged that “International Paper is a New York corporation and was listed as a creditor on Schedule A-3 of the Debtors Schedules filed in connection with the Debtor’s bankruptcy case originally filed under Chapter 11 of the Bankruptcy Code.” It should be noted that there is no allegation in the Complaint that International Paper is in fact a creditor of the Debtor. On October 22, 1992, the Debtor filed an Answer and in response to the allegation set forth in ¶ 1 of the Complaint stated “denies knowledge or information sufficient to form a belief as to the thrust of the allegations therein, except admits that International Paper was listed in the Debtor’s Schedule or Liabilities as asserting a disputed, contingent, and unliqui-dated claim.” Thus, the issue of standing of International Paper was technically put in issue, albeit not very well articulated. In addition, on October 10, 1990 International Paper filed a proof of claim in the amount of zero. Is claim was challenged by the Debtor prior to conversion of the Debtor’s Chapter 11 case to the Chapter 7 case. Notwithstanding, the issue of standing was never resolved. A final evidentiary hearing was scheduled in due course of the claims asserted against the Debtor by both Plaintiffs. Although the scheduling Order failed to specify as to the issues to be tried, it is without dispute that the parties agreed to try first the claims relating to the Debtor’s right to a general discharge based on § 727(b) of the Bankruptcy Code and agreed to defer action on the claim of non-dischargeability based on § 523 of the Bankruptcy Code pending resolution of the claims based on § 727(b).

The Complaint filed by Adams Farms was filed on April 3, 1992. In this adversary proceeding Adams Farms also challenged the Debtor’s right, pursuant to § 727(e), to the overall protection of the bankruptcy discharge. Adams Farms also sought a determination pursuant to § 523(c) that the dis-chargeability of the debt allegedly owed by the Debtor to Adams Farms should be declared to be non-disehargeable. Adams Farms in its Complaint stated in ¶ 14 that “the Plaintiffs were listed as creditors on Schedule A-3 of the Debtor’s Schedules filed in connection with the Debtor’s bankruptcy case originally filed under Chapter 11 of the Bankruptcy Code.” Again, just like in the Complaint of International Paper, there is no allegation in this one that the Plaintiffs were in fact creditors of the Debtor. In his Answer, the Debtor stated, in response to ¶ 14 that the allegation is “denied, except admits that plaintiffs were scheduled as holding disputed, contingent, and unliquidated claims against the Debtor.” Adams Farms also filed a proof of claim on October 10, 1990 in the amount of $239,357.94 which claim was also challenged by the Debtor but, just like the objection of the Debtor to the claim of International Paper, was never heard and disposed by this Court by either allowing or disallowing same.

To further complicate this matter, it also should be pointed out that on November 14, 1990 International Paper filed a Motion to Withdraw the Reference of the contested matter involving the Debtor’s objection to the claim of International Paper which Motion is still pending in the District Court and remains unresolved as of this date.

It should be evident from the foregoing that ordinarily the issue of standing was a threshold issue which should have been resolved before scheduling the trial of the objections to the Debtor’s discharge filed both by International Paper and Adams Farms. Unfortunately, this is not what happened. Nevertheless, it is the Debtor’s contention raised the first time in the post-trial brief filed by Debtor’s counsel, that it was the burden of the Plaintiffs to establish that they are creditors, that they have failed to estab[183]*183lish with competent proof that they are in fact creditors therefore both complaints challenging the Debtor’s right to a general discharge should be dismissed with prejudice for lack of standing. In light of the fact that this is a crucial threshold issue, on December 28, 1992 this Court entered an Order which deferred disposition of these adversary proceedings concerning the claims based on § 727(b) pending determination as to the proper method to resolve the issue of standing.

In response to the Debtor’s contention outlined above, both Plaintiffs concede that there was no direct evidence at the trial to establish they are creditors. In support of their right to pursue this adversary proceeding, both Plaintiffs rely first on the definitions by the Code of the terms “creditor” and “claim.” § 101(10) defines “creditor” as an

“entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor.”

§ 101(5) in turn defines “claim” as a

“right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.”

According to the Plaintiffs, based on the plain reading of these definitions they are creditors and the fact that their claim is challenged and it was scheduled as disputed is of no consequence, since the clear reading of the definitions just cited means that they are creditors holding a claim against the Debtor, a claim within the meaning of that term as defined by § 101(5). Citing Pennsylvania Department of Public Welfare, et al. v. Davenport, 495 U.S. 552, 110 S.Ct. 2126, 109 L.Ed.2d 588 (1990).

This Court is in full agreement with the proposition that the Code did, in fact, significantly expand the scope of the terms “claims” and “creditors.” Thus, it is clear that the fact that a proof of claim is challenged and the claim is disputed would not detract from the status of an entity as a creditor until the claim is ultimately disallowed. It is true International Paper filed a proof of claim, albeit in zero amount which proof of claim is, of course, facially defective. It is equally true that Adams Farms stated an amount in its proof of claim, the bottom line is that neither International Paper nor Adams Farms requested this Court to take judicial notice of these claims. From this it follows that they are not part of the record and, therefore, could not furnish proof necessary to establish that these Plaintiffs are in fact creditors, thus have standing. The reliance of the Plaintiff on the eases of

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Bluebook (online)
166 B.R. 181, 8 Fla. L. Weekly Fed. B 27, 1994 Bankr. LEXIS 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-farms-v-james-in-re-james-flmb-1994.