Braman v. Samford (In re Samford)

39 B.R. 428, 1984 Bankr. LEXIS 5858
CourtUnited States Bankruptcy Court, M.D. Tennessee
DecidedApril 18, 1984
DocketBankruptcy No. 382-02439; Adv. No. 382-0732
StatusPublished
Cited by1 cases

This text of 39 B.R. 428 (Braman v. Samford (In re Samford)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Braman v. Samford (In re Samford), 39 B.R. 428, 1984 Bankr. LEXIS 5858 (Tenn. 1984).

Opinion

MEMORANDUM

GEORGE C. PAINE, II, Bankruptcy Judge.

This adversary proceeding was initiated by the plaintiffs, Donald and Helen Bra-man, seeking a judgment of $120,000.00 against the debtor, Francis Dale Samford, and seeking to have that judgment declared nondischargeable. The plaintiffs also seek a judgment for interest on this sum and an award for punitive or exemplary damages. Upon consideration of the evidence presented at the hearing, exhibits, stipulations, briefs of the parties and the entire record, this court concludes that the plaintiffs should be granted a judgment of $120,000.00 plus interest and that such judgment should be declared nondischargeable.

The following shall represent findings of fact and conclusions of law pursuant to Federal Rule of Bankruptcy Procedure 7052.

The plaintiffs are a retired couple, residing in Burlington, North Carolina. They have been married for more than 35 years and spent most of their lives in Ionia, Michigan, before moving to Burlington for health reasons. Both Mr. and Mrs. Bra-man have very limited formal education. Mr. Braman worked for 33 years as a nurse/attendant and prison guard with the State of Michigan Department of Corrections. Mrs. Braman was not employed during this time. The Bramans have two children. They presently live in an apartment in Burlington on Mr. Braman’s social security and retirement pensions totaling less than $1,000.00 a month.

This proceeding concerns the relationship of both the plaintiffs and the debtor to the Sword of the Lord Foundation (hereinafter referred to as the “Foundation”). The Foundation is a long-established, non-profit fundamentalist Christian evangelistic organization with headquarters in Murfrees-boro, Tennessee. It apparently owns substantial real and personal properties, has a large staff and collects and disburses substantial funds for the furtherance of its stated purpose.

Mr. Braman has been familiar with the Foundation since childhood. He was personally acquainted with the founder of the foundation, Dr. John R. Rice, and has made numerous cash donations over the years.

The plaintiffs first met the debtor, Dale Samford, in 1975. The debtor was at this time the Stewardship Director for the Foundation and had been associated with it since 1970. He had previously worked in various jobs and capacities before becoming Stewardship Director. As Stewardship Director, his major responsibility was to solicit financial contributions for the Foundation. This duty included solicitation of outright gifts as well as testamentary provisions and trust agreements whereby the Foundation was a named beneficiary. The debtor also solicited “investment” givers who would place cash sums with the Foundation on a guaranteed income basis. The Foundation would deposit or otherwise invest such funds, pay the “investor” the guaranteed return and utilize any additional earnings for the stated Foundation purposes.

The plaintiffs became interested in setting up a “trust investment” with the Foundation. They were contacted by the debtor in his capacity as Foundation Stewardship Director. After preliminary negotiations, the debtor traveled to their home in Ionia on or about July 1, 1975, and presented an agreement on behalf of the Foundation. This document was essentially a revocable trust agreement whereby the settlors were paid an annual return equal to 8V2% of the trust res, with the res being donated one-half to the Foundation and one-half to the settlors’ children upon the settlors’ death.

This agreement was entered into by the plaintiffs, Mr. Byers, the treasurer of the Foundation, and the debtor, agent for the Foundation.

In the spring of 1978, the plaintiffs visited the Foundation headquarters in Mur-[430]*430freesboro, Tennessee. While in Murfrees-boro, they met and spoke with Dale Sam-ford. The plaintiffs toured the Foundation facilities and offices and the debtor showed them a housing project known as Sunset Square Retirement Home. Sunset Square was an apartment type residential complex where individual units were purchased or rented on a lifetime basis by Christian retirees. Food and medical services were available for tenants in need of such services. Sunset Square was operated as a separate, non-profit organization, although it was very closely aligned, supervised and controlled by the Foundation. In fact, the Foundation actively solicited tenants for Sunset Square which eventually became a wholly owned subsidiary of the Foundation.

The plaintiffs’ agreement with the Foundation remained in effect until late 1978 or early 1979, when Donald Braman called the debtor to inquire about the rate of return being paid on the trust and to request an increase of this rate to more nearly match the then existing interest rates. The debt- or advised Mr. Braman that he would see what could be done.

Shortly thereafter, the debtor informed Mr. Braman that either the Foundation could increase the trust income to 10.75% annually or he could recommend another investment opportunity that would yield an 11.25% annual return. Although no particulars were discussed, Mr. Braman indicated that he would be interested in the investment with the higher yield. Accordingly, Mr. Braman, pursuant to the instructions of the debtor, terminated his trust agreement with the Foundation.

On or about February 12, 1979, the debt- or delivered the proceeds from the terminated Foundation trust to the plaintiffs at their residence in Ionia. These funds totaled $120,000.00, and represented substantially all of the plaintiffs’ accumulated life savings. At this time, the debtor also presented the plaintiffs with a second “agreement” which was intended to be a contract between the plaintiffs and Sunset Homes Enterprises, a Tennessee corporation. In essence, the agreement provided that Sunset Homes Enterprises would receive $120,000.00, to hold and invest for a term of three years, with interest to accumulate at the annual rate of 11.25% and to be paid with the principal sum at the end of the contract term, unless renewed. This contract was executed by the plaintiffs and the debtor on behalf of Sunset Homes Enterprises.

Donald Braman testified that he was confused as to the nature of his investment. The plaintiffs had previously known and dealt with the debtor solely and exclusively in his capacity as Stewardship Director for the Foundation. The plaintiffs, therefore, each assumed that the “investment” the debtor presented was a Foundation project. In drafting his check to fund the new investment, Donald Braman first made the check payable to the Sword of the Lord Foundation. The debtor advised him this was incorrect. Mr. Braman then drafted a second check to Sunset Square Retirement Home. The debtor again advised him that this was incorrect and that the check should be made payable to Sunset Homes Enterprises, an entity separate from the Foundation. Mr. Braman complied. Mr. Braman testified that he thought the debt- or’s comment merely meant that Sunset Homes Enterprises was technically independent of the Foundation but nevertheless approved and closely supervised by the Foundation. Because of both their prior dealings with the debtor in his capacity as representative of the Foundation and their personal knowledge of the Sunset Square project, the plaintiffs made only the barest and most rudimentary inquiries regarding the specifics and particulars of their investment. The entire transaction was completed within a few minutes.

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Cite This Page — Counsel Stack

Bluebook (online)
39 B.R. 428, 1984 Bankr. LEXIS 5858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braman-v-samford-in-re-samford-tnmb-1984.