Boardwalk Realty Associates, LLC v. Crespo (In re Crespo)

561 B.R. 25, 2016 Bankr. LEXIS 4016
CourtUnited States Bankruptcy Court, D. Connecticut
DecidedNovember 18, 2016
DocketCase No. 15-22043 (AMN)
StatusPublished

This text of 561 B.R. 25 (Boardwalk Realty Associates, LLC v. Crespo (In re Crespo)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boardwalk Realty Associates, LLC v. Crespo (In re Crespo), 561 B.R. 25, 2016 Bankr. LEXIS 4016 (Conn. 2016).

Opinion

RULING AND MEMORANDUM OF DECISION ALLOWING REDUCED FEES AND ALLOWING REIMBURSEMENT OF EXPENSES TO BOARDWALK REALTY ASSOCIATES, LLC

Ann M. Nevins, United States Bankruptcy Judge,

District of Connecticut

Before the court is Boardwalk Realty Associates, LLC’s (“Boardwalk”) application pursuant to 11 U.S.C. §§ 543 and 503(b)(3)(E) for allowance of receivership fees and reimbursement of expenses relating to Boardwalk’s prepetition work as a state court-appointed receiver of rents for property owned by the Debtor, Richard Crespo (“Crespo”). For the reasons that follow, the court finds that a portion of the amount sought should be allowed.

I. JURISDICTION, VENUE, AND STANDING

This court has jurisdiction over the motion for turnover and the application for fees and expenses pursuant to 28 U.S.C. §§ 157(b) and 1334(b) and the District Court’s order of referral of 'bankruptcy matters dated September 21, 1984. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), as it pertains directly to the administration of the estate. Venue is proper in this District pursuant to 28 U.S.C. § 1408. Boardwalk has standing to seek allowance of compensation and reimbursement of costs pursuant to 11 U.S.C. § 543.

II. FACTS AND PROCEDURAL HISTORY

Richard Crespo filed a voluntary chapter 13 bankruptcy petition on November 26, 2015 (the “Petition Date”). The deadline for filing proofs of prepetition claims was March 21, 2016 (the “POC Deadline”). On April 8, 2016, Crespo moved for turnover of property of the estate held by Boardwalk (the “Funds”) and an accounting (the “Turnover Motion”). ECF No. 27. On April 19, 2016, Boardwalk filed a response to the Turnover Motion stating that: (1) it was not a creditor and therefore was not bound by the then-passed POC Deadline; and (2) Boardwalk should not be required to turn over the Funds to the Debtor because it was entitled to a fee for its prepetition work which equaled or exceeded the Funds for its receivership work for Crespo’s properties from March 27, 2014 to November 25, 2015 (the “Receivership Period”). ECF No. 29. Boardwalk also filed an application pursuant to 11 U.S.C. § 543 seeking allowance of compensation (the “543 Application”) in the amount of $4,784.00 and reimbursement of costs in the amount of $600.00 related to its services as receiver during the Receivership Period. ECF No. 32.

Following a hearing, the court granted the Turnover Motion, ordered Boardwalk to turn over the Funds to Crespo, ordered Crespo to place the Funds in an escrow account pending further order of the court, [28]*28and scheduled an evidentiary hearing on the 543 Application. ECF No. 41. Boardwalk filed a notice of its compliance with the turnover portion of the order on May 18, 2016, ECF No. 42; see also ECF No. 44.

The parties filed pre-hearing briefs, proposed findings of fact, proposed conclusions of law, and lists of witnesses and exhibits. ECF Nos. 45, 46, 47, 48, 49, 50, 51, 52. Two central issues arose from these filings: (1) whether Boardwalk, as custodian of the Funds, was entitled to payment either as an administrative expense pursuant to 11 U.S.C. § 503(b)(3)(E) or as an unsecured, prepetition creditor (had it timely filed a proof of claim); and, (2) whether Boardwalk’s requested fee was reasonable given any benefit to the estate from Boardwalk’s work as a state-court appointed receiver pursuant to 11 U.S.C. § 543.

In order to resolve these issues, the court summarizes the testimony presented during the evidentiary hearing and the parties’ arguments, reviews the applicable law, and resolves classification of the receivership fees, Boardwalk’s entitlement to fees and costs for money paid directly to MDC by the co-owner, and determines whether the requested fees and costs are reasonable.

1. Hearing Testimony

Craig Yelin, the principal of Boardwalk, testified that Boardwalk had extensive experience as a receiver of' rents appointed by the judges of the Superior Court. ECF No. 56, 00:10:00-00:12:00,1 He testified Boardwalk had been appointed receiver of rents to collect payment due to the Metropolitan District (the “MDC”) for Crespo’s property, known as 1945-1949 Broad Street, Hartford, Connecticut (the “Property”), in a case captioned The Metropolitan District v. Crespo pending in the Superior Court, Judicial District of Hartford, Docket No.CV-14-6049124-S. ECF No. 56, 00:15:00. Yelin testified at length that the judges of the Superior Court regularly placed a significant degree of trust in him. ECF No. 56, 01:40:00-01:56:00.

Yelin testified that as a receiver, his task was typically to collect rent owed by tenants in lieu of their landlord. ECF No. 56, 00:30:00. He then typically—and in the case of the Property here—forwarded that money to the MDC. He testified that rent for the Property was difficult to collect due to the nature and conduct of the tenants and due to unspecified interference from the owners. ECF No. 56, 00:22:50-00:28:00. Yelin noted the Property here is jointly owned by Nancy Maldonado and by Crespo, who was incarcerated during the majority of the Receivership Period. ECF No. 56, 00:26:00.

According to Yelin, Maldonado was unable to provide basic information about the Property to assist with the administration of the receivership, such as the identity of the tenants, the terms of the tenancies, and whether written leases existed. Maldonado also attempted to undermine the receivership by making payments directly to MDC—rather than through Boardwalk— as required by the Superior Court order and Conn. Gen. Stat. § 16-262t (e), and she eventually disappeared. ECF No. 56, 00:26:00; 01:40:45. Yelin testified Boardwalk was never able to collect from a barber shop on the ground floor because the owner would only pay the landlord. ECF No. 56, 00:53:00. A package store, also located on the ground floor, changed ownership several times and Yelin was [29]*29never certain who the proprietor was. ECF No. 56, 00:55:00.

Based on Yelin’s testimony^ Boardwalk’s record keeping is devoid of accountability. Yelin testified that he, or Boardwalk’s employee, Ina Babiyev, would ask the tenants of the Property what their rent was, collect the rent, and then prepare and deliver a receipt to the tenant. ECF No. 56, 00:25:30, 00:56:00. Boardwalk did not keep any record or log of the receipts.

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Cite This Page — Counsel Stack

Bluebook (online)
561 B.R. 25, 2016 Bankr. LEXIS 4016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boardwalk-realty-associates-llc-v-crespo-in-re-crespo-ctb-2016.