Blasbalg v. Tarro (In re Hyperion Enterprises, Inc.)

149 B.R. 281, 1993 Bankr. LEXIS 33
CourtDistrict Court, D. Rhode Island
DecidedJanuary 14, 1993
DocketBankruptcy No. 91-12630; Adv. No. 92-1030
StatusPublished
Cited by1 cases

This text of 149 B.R. 281 (Blasbalg v. Tarro (In re Hyperion Enterprises, Inc.)) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blasbalg v. Tarro (In re Hyperion Enterprises, Inc.), 149 B.R. 281, 1993 Bankr. LEXIS 33 (D.R.I. 1993).

Opinion

DECISION AND ORDER

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on December 2, 1992 on three separate pleadings: (1) Motion of creditor Thomas Tarro (Tarro) to adjudge the Trustee in contempt; (2) Trustee’s Petition for Instructions; and (3) Motion of Modern Plastics for relief from stay. At the close of the hearing, Tarro submitted a legal memorandum addressing the application of the doctrine of res judicata regarding his motion to adjudge the Trustee in contempt. Because this was the Trustee’s first exposure to Tarro’s memorandum, he was given one week to respond. Since that time, and for reasons totally bewildering to us, the litigants have embarked on a course of filing responding and counter-responding pleadings which, other than to greatly contradict the verbal representations made at the December 2 hearing, as well as at the hearing on the merits, do little to assist the Court in deciding the matters before us. In the circumstances, we will be guided by our own understanding of the record in this proceeding, and based upon the express and unequivocal stipulations1 by Tarro’s counsel, it is our conclusion that the only legal issue here for determination is whether $17,131.77 in excess funds presently held by the Trustee from the Applause receivables, after payment of the undis-putedl2 $88,451.73 to Modem Plastics, belongs to Tarro or to the Trustee as property of the estate.

Thus, the narrow legal issue to be resolved is whether the doctrine of res judica-ta precludes the Trustee from presenting evidence, at this time, to challenge Tarro’s right to any assets of the Debtor’s estate, including the $17,131.37 in excess funds recovered from the Applause receivable?

As Tarro points outs, the doctrine of res judicata is composed of two aspects: (1) claim preclusion and (2) issue preclusion (collateral estoppel). Dennis v. R.I. Hosp. Trust Nat’l Bank, 744 F.2d 893, 898 (1st Cir.1984). “ ‘Claim preclusion’ bars relitigation of any issue [claim] that was, or might have been, raised in respect to the subject matter of the prior litigation.” Id. at 898 (emphasis in original) (citing Carillo v. Moran, 463 A.2d 178, 182 (R.I.1983) (other citations omitted). Collateral estoppel on the other hand, “bars relitigation of any factual or legal issue that was actually decided in previous litigation ‘between the parties, whether on the same or a different claim.’ ” Id. at 899 (citing Restatement (Second) of Judgments § 27 (1982) (emphasis in original); Mastracchio v. Ricci, 498 F.2d 1257, 1260 (1st Cir.1974), cert. denied, 420 U.S. 909, 95 S.Ct. 828, 42 L.Ed.2d 838 (1975), quoting Cardillo v. Zyla, 486 F.2d 473, 475 (1st Cir.1973). The First Circuit has interpreted this language to mean that “[a]n issue may be ‘actually’ decided even if it is not explicitly decided, for it may have constituted, logically or practically, a necessary component of the decision reached.” Dennis v. R.I. Hosp. Trust Nat’l Bank, 744 F.2d at 899 (emphasis in original).

[283]*283The United States District Court for the District of Rhode Island recently discussed the application of this doctrine to subsequent litigation between the same parties. DeCosta v. Viacom Int’l, Inc., 758 F.Supp. 807 (D.R.I.1991), rev’d on other grounds, 981 F.2d 602 (1st Cir.1992).3 There, the Court aptly stated that:

The doctrines of res judicata and collateral estoppel are designed to establish a point at which litigation comes to an end. They serve three basic purposes: (1) promoting judicial economy by preventing repetitive litigation; (2) establishing certainty and respect to judgments; and (8) protecting the party relying on the prior adjudication from vexatious litigation.

Id. at 810-811 (citing 18 Charles A. Wright, Arthur R. Miller & E. Cooper, Federal Practice and Procedure § 4403, at 11-22 (1981 & Supp.1990).

In addition, the Court made clear that: res judicata and collateral estoppel are not mere technical rules of convenience. Rather, they are expressions of a fundamental public policy favoring repose for both society and litigants.... [Tjheir applicability is not affected by the equities of the claim at issue. They represent a determination that claims and/or issues already litigated and decided should be barred no matter how meritorious they appear to be.

Id. at 811 (citing Jeter v. Hewitt, 63 U.S. (1 How.) 352, 364, 16 L.Ed. 345 (1859)).

With this authority in mind, we turn to the facts of the instant case. Our September 11, 1992 Decision and Order represents this Court’s full consideration and adjudication of a very contentious and multifaceted six day trial between the very same two parties who are involved in the instant motion — the Chapter 7 Trustee and secured creditor Thomas Tarro. The Trustee now asserts, after decision, that certain legal issues between Tarro and the Trustee have not yet been decided and, furthermore, were not even contemplated as part of that litigation. We could not disagree more.

As noted by the parties, in our September 11 Decision numerous references are made to the fact that Tarro was the holder of a security interest in “all of Hyperion’s assets, including its machinery, equipment, receivables, general tangibles, intangibles and inventory.” Arnold L. Blasbalg v. Thomas Tarro (In re Hyperion Enterprises, Inc.), 144 B.R. 228, 229 (Bankr.D.R.I. 1992). That reference, as well as all of the findings and conclusions contained in that decision are based entirely on the evidence submitted, and on the undisputed representations made by the parties, both verbally and in writing.

Throughout the unnecessarily lengthy trial, both sides made it abundantly clear that the primary issue was the validity of Tarro’s security interest, which if sustained would attach to all property of the estate, and it was against this backdrop that the Trustee struggled so extensively to avoid Tarro’s secured status. Whether there were specific individual exceptions carved out of Tarro’s all-inclusive security, known only to the parties, that fact was never disclosed to the Court, and it was our clear understanding that this litigation was intended to and did resolve all legal issues between Tarro and the Trustee with respect to Tarro’s secured interest in estate properly. In fact, we find it almost impossible to understand, in view of the inordinate amount of time spent addressing irrelevant and/or remote matters, the Trustee’s present contention that he failed (or chose not) to address what he now argues are pertinent issues. We agree with the various references cited by Tarro which demonstrate that both parties contemplated that the June-July, 1992 trial would encompass and resolve all disputes between Tarro and the Trustee.

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149 B.R. 281, 1993 Bankr. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blasbalg-v-tarro-in-re-hyperion-enterprises-inc-rid-1993.