Bobbie Chance Robinson & Commercial Grain Mktg., LLC v. Smith (In re Smith)

585 B.R. 359
CourtUnited States Bankruptcy Court, N.D. Mississippi
DecidedApril 23, 2018
DocketCase No.: 15–13625–JDW; A.P. No.: 16–01033–JDW
StatusPublished
Cited by4 cases

This text of 585 B.R. 359 (Bobbie Chance Robinson & Commercial Grain Mktg., LLC v. Smith (In re Smith)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bobbie Chance Robinson & Commercial Grain Mktg., LLC v. Smith (In re Smith), 585 B.R. 359 (Miss. 2018).

Opinion

Judge Jason D. Woodard, United States Bankruptcy Judge

This adversary proceeding came before the Court for trial on February 27, 2018, on the Complaint (A.P. Dkt. # 1)2 filed by creditor/plaintiffs Bobbie Chance Robinson and Commercial Grain Marketing, LLC ("CGM", and together with Mr. Robinson, the "Plaintiffs") against debtor/defendant Michael Shelton Smith (the "Debtor"), alleging that certain debts owed to each of the plaintiffs is nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(4), and (a)(6), and alleging that the Debtor should be denied his general discharge under 11 U.S.C. § 727(a)(5).3 Glenn Williams represented Mr. Robinson and CGM at trial, and John Sherman represented the Debtor. The Court admitted documents into evidence and heard testimony from the Debtor, Mr. Robinson, Joe "Pete" Willingham, Stephen Stimson, and expert witness Daniel V. Risner. At the conclusion of the trial, the Court took the matter under advisement.

The parties agree that the Debtor was primarily responsible for the day-to-day bookkeeping and financial management of CGM. CGM contends that while managing CGM's finances, the Debtor misappropriated CGM's funds for the benefit of other companies in which he and/or his family members held an interest. In addition, Mr. Robinson alleges that two loans he made to CGM-one for $900,000 in April 2014 and another for $311,000 in January 2015-were made based on the Debtor's fraudulent misrepresentations. Neither loan has been repaid. Although Mr. Robinson made the loans to CGM and not to the Debtor individually, Mr. Robinson alleges that the loans were made to CGM at the Debtor's request, based on the Debtor's fraudulent misrepresentations.

For the reasons set forth below, the Court finds that Mr. Robinson and CGM are each entitled to nondischargeable judgments against the Debtor (although in amounts less than sought by the Plaintiffs), but that the Debtor is entitled to his general chapter 7 discharge under § 727.

I. JURISDICTION

This Court has jurisdiction pursuant to 28 U.S.C. §§ 151, 157(a) and 1334(b), and the United States District Court for the Northern District of Mississippi's Order of Reference of Bankruptcy Cases and Proceedings Nunc Pro Tunc Dated August 6, 1984. This is a core proceeding arising under Title 11 of the United States Code as defined in 28 U.S.C. § 157(b)(2)(I), (J) and (O).

*364II. PROCEDURAL HISTORY

The Debtor filed his voluntary chapter 7 bankruptcy petition on October 11, 2015 (Bankr. Dkt. # 1). The Plaintiffs filed the complaint against the Debtor on March 18, 2016 (the "Complaint")(A.P. Dkt. # 1). The Complaint contains four counts. In Count I, Mr. Robinson alleges that a debt owed to him by the Debtor should be excepted from discharge under § 523(a)(2)(A). In Counts II and III, both Plaintiffs allege that debts owed to them by the Debtor are nondischargeable under §§ 523(a)(4) and 523(a)(6). Finally, in Count IV, the Plaintiffs allege that the Debtor's general chapter 7 discharge should be denied under § 727(a)(5).

In June 2017, the Debtor filed a motion for summary judgment, in which he alleged both that CGM lacked corporate authority to file the Complaint and that he did not owe any debt, individually, to either CGM or Mr. Robinson (A.P. Dkt. # 40). In denying the motion, the Court held that the subsequent ratification of the filing of the Complaint by a majority of CGM's members was effective and that material facts remained at issue as to the Debtor's individual liability to both Plaintiffs (A.P. Dkt. # 59).

III. FINDINGS OF FACT

The Debtor formerly worked for his parents' company, Delta Rice Services ("Delta Rice"). Delta Rice at one time operated the largest grain storage facility in the southeastern United States. It consisted of 72 bins with a storage capacity of 3.8 million bushels, located on over 20 acres of land (the "Facilities"). In November 2012, the Debtor's parents closed Delta Rice, leaving him unemployed. In December 2012, the Debtor and Joe "Pete" Willingham, also a former employee of Delta Rice, formed CGM Transportation, a trucking company ("Transportation"). In January 2013, the Debtor, Mr. Willingham, and Jim Daven formed CGM, which was in the business of purchasing, storing, and drying grain received from local farmers. Each member served a specific role for CGM: the Debtor handled the finances, Mr. Willingham oversaw the grain operations, and Mr. Daven handled sales. Mr. Robinson had known the Debtor all their adult lives, and over a friendly card game at Mr. Willingham's shop, Mr. Robinson agreed to join the already-formed CGM as a member. Mr. Robinson was asked to join CGM to be a source of capital. Prior to the loans in question, Mr. Robinson loaned interest-free money to CGM on several occasions and was paid back as promised.

CGM leased the Facilities from Delta Rice to store and dry the grain. The lease payments were calculated at 4 cents per bushel stored in the Facility per month, prorated on a daily basis. CGM then contracted with Transportation to deliver the grain to an end user or exporter. There was no official relationship between CGM and CGM Transportation, but there was a verbal agreement that Transportation be given the first opportunity to transport the grain. CGM was usually paid from the farmer's settlement once the grain was finally delivered to the end user or exporter. The end user paid CGM, who then paid the farmer for the grain and Transportation for its services transporting the grain from the Facilities to the end user (farmers paid their own freight to deliver the grain to the Facilities). CGM's goal was to make a profit of 20 cents per bushel.

The Debtor kept the daily books for CGM. He paid the bills, wrote the settlement checks to the farmers, calculated what was owed to the farmers and what was to be deducted for CGM's charges, and kept the records on a computer and in files. During the same time period, he also kept the books for Transportation. The *365Debtor generated invoices for both rent owed to Delta Rice and for amounts owed to Transportation, all to be paid by CGM. CGM was never to bear the cost of the freight, either to or from the Facilities.

A. Scott Petroleum

CGM owned 4 vehicles. Only one used diesel fuel, a pickup truck driven by the Debtor, which he testified held 26 gallons of fuel.

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Cite This Page — Counsel Stack

Bluebook (online)
585 B.R. 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobbie-chance-robinson-commercial-grain-mktg-llc-v-smith-in-re-smith-msnb-2018.