Belfor USA Group, Inc. v. Williams (In re Williams)

473 B.R. 201
CourtUnited States Bankruptcy Court, E.D. Michigan
DecidedApril 8, 2011
DocketBankruptcy No. 09-56483; Adversary No. 09-5821
StatusPublished

This text of 473 B.R. 201 (Belfor USA Group, Inc. v. Williams (In re Williams)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belfor USA Group, Inc. v. Williams (In re Williams), 473 B.R. 201 (Mich. 2011).

Opinion

TRIAL OPINION

THOMAS J. TUCKER, Bankruptcy Judge.

In this adversary proceeding, Plaintiff Belfor USA Group, Inc. (“Belfor”) seeks a money judgment against Defendant-Debt- or Shaneese Williams (“Debtor”) for damages due to Debtor’s alleged conversion of certain property belonging to Belfor. And Belfor seeks a determination that this debt is nondischargeable in Debtor’s Chapter 7 bankruptcy case, under 11 U.S.C. §§ 523(a)(2)(A), 523(a)(4), and 523(a)(6).

The Court conducted a bench trial, and took the matter under advisement. This opinion states the Court’s findings of fact and conclusions of law.

For the reasons stated below, the Court finds for Debtor, and will enter judgment for Debtor, dismissing Belfor’s claims with prejudice.

I. Jurisdiction and venue

This Court has subject matter jurisdiction over this adversary proceeding under 28 U.S.C. §§ 1334(b), 157(a) and 157(b)(1), and Local Rule 83.50(a) (E.D. Mich.). With respect to each of the three counts in Belfor’s First Amended Complaint, this is a core proceeding under 28 U.S.C. § 157(b)(2)(I). Venue is proper under 28 U.S.C. § 1409(a), and is not disputed.

II. Discussion

A. Plaintiff Belfor’s burden of proof

Exceptions to discharge under § 523(a) “are to be strictly construed against the creditor.” Rembert v. AT & T Universal Card Servs., Inc. (In re Rembert), 141 F.3d 277, 281 (6th Cir.1998) (citing Manufacturer’s Hanover Trust v. Ward (In re Ward), 857 F.2d 1082, 1083 (6th Cir.1988)). The creditor must prove each of the elements under the asserted provision of § 523(a) by a preponderance of the evidence. Id. (citing Grogan v. Garner, 498 U.S. 279, 291, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991)).

B. Facts

On September 28, 2006, Debtor’s home, located at 12598 Plumbrook Road, Sterling Heights, Michigan, was severely damaged by fire. Debtor’s home was insured by State Farm Fire & Casualty Insurance Company (“State Farm”), and encumbered by a mortgage then held by Countrywide Home Loans (“Countrywide”). The Debt- or and State Farm hired Belfor to repair Debtor’s home. On October 6, 2006, Debt- or signed a document prepared by Belfor, entitled “Work Authorization.”1 In this document, Debtor authorized Belfor “to provide all labor, equipment, and materials to properly repair” her home.2 The Work Authorization contained language by which, according to Belfor, Debtor assigned to Belfor all of her rights to insurance policy proceeds for work to be performed on the home by Belfor that was covered by the State Farm insurance policy.3 That language stated:

The undersigned hereby transfers, assigns and conveys to Contractor his/her/ their right, title and interest in and to the insurance policy proceeds and all drafts for work performed or to be performed by Contractor. Accordingly, [203]*203undesigned authorizes and directs their insurer (named below) to make “Belfor USA” a payee on all insurance drafts for all insurance work performed by Contractor on the above damaged property. The undersigned also agrees to immediately endorse and tender all drafts as produced to the Contractor.
Owner agrees ... to assist with obtaining any third party payee signatures on all insurance drafts so that Belfor can be timely paid. If for any reason your claim is denied by your insurance carrier or they refuse to pay the costs of any and/or all insurance work performed by Contractor, or you otherwise delay or prevent the payment of said insurance draft, or use it for other purposes, then the insured/owner(s) of the above mentioned property will be personally liable for all costs of services performed.4

Belfor performed some emergency repairs shortly after the fire, in order to secure the home, which Debtor and her family had to vacate while repairs were being done. Sometime in early 2007, Bel-for resumed doing repair work on Debtor’s home, and by November 2008 Belfor had substantially completed its repair work. As of November 2008, however, Debtor had a list of uncompleted items and/or complaints about Belfor’s work. The Debtor and Belfor never fully resolved the Debtor’s dispute with Belfor about the incomplete items and Debtor’s complaints about Belfor’s work. Debtor filed her Chapter 7 bankruptcy case on May 26, 2009.

The repair work on Debtor’s home was paid for, in part, by insurance proceeds from State Farm, and in part by the Debt- or’s own funds (for additional work that Debtor requested that was not covered by Debtor’s insurance). As of November 14, 2008, Belfor invoiced Debtor a total of $179,446.34, less $6,095.09 in credits for “[rjepairs not performed by Belfor,” for a total invoice amount of $173,351.25. Of this amount, according to Belfor’s invoice, as of November 14, 2008, Debtor still owed Belfor a total amount of $79,098.72, after crediting payments received by Belfor from State Farm insurance proceeds and from Debtor’s own funds.5

C. Belfor’s claims

Belfor’s claims in this adversary proceeding, including all of its nondischarge-ability claims, are based on Belfor’s allegation that Debtor obtained and used, for purposes other than paying Belfor, some of the insurance proceeds disbursed by State Farm. Belfor alleges that these insurance proceeds were its property, based on the assignment language in the Work Authorization quoted above, and that Debtor had a duty to deliver those proceeds to Belfor. Belfor claims that Debtor’s failure to turn these insurance proceeds over to Belfor amounted to a conversion of Belfor’s property, fraud against Belfor, and a willful and malicious injury to Belfor’s property. Belfor seeks a judgment against Debtor in the amount of the allegedly converted insurance proceeds, trebled under the Michigan conversation statute, Mich. Comp. Laws Ann. § 600.2919a, plus interest and attorney fees. Belfor also seeks a determination that this debt is nondischargeable under 11 U.S.C. §§ 523(a)(2)(A) (for fraud); 523(a)(4) (for “fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny”), and 523(a)(6)(for willful and malicious injury to Belfor’s property.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
473 B.R. 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belfor-usa-group-inc-v-williams-in-re-williams-mieb-2011.