Capital One Equip. Fin. Corp. v. Singh (In re Singh)

585 B.R. 330
CourtUnited States Bankruptcy Court, E.D. New York
DecidedMay 29, 2018
DocketCase No. 16–41529–cec; Adv. Pro. No. 16–01165–cec
StatusPublished
Cited by17 cases

This text of 585 B.R. 330 (Capital One Equip. Fin. Corp. v. Singh (In re Singh)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capital One Equip. Fin. Corp. v. Singh (In re Singh), 585 B.R. 330 (N.Y. 2018).

Opinion

CARLA E. CRAIG, Chief United States Bankruptcy Judge

This matter comes before the Court on the motion for summary judgment of Capital One Equipment Finance Corp. dba Capital One Taxi Medallion Finance (the "Plaintiff"), a secured creditor of Davinder Pal Singh (the "Debtor" or "Defendant"), seeking a denial of discharge pursuant to 11 U.S.C. §§ 727(a)(2)(A)&(B) and 727(a)(4)(A).1 Plaintiff alleges that Defendant concealed or transferred property with the intent to defraud creditors both within one year before the filing of this case and after the date of the filing. Plaintiff also alleges that Defendant knowingly and fraudulently made false oaths or accounts in this case. Defendant opposes the motion. Because the Court finds that the Debtor has made false oaths and accounts in connection with the bankruptcy schedules and Statement of Financial Affairs ("SOFA") in this case, the motion for summary judgment is granted and Defendant's discharge is denied.

JURISDICTION

This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b), and the Eastern District of New York standing order of reference dated August 28, 1996. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(J). This decision constitutes the Court's findings of fact and conclusions of law to the extent required by Federal Rule of Bankruptcy Procedure 7052.

BACKGROUND

The facts set forth below are not in dispute except where otherwise noted.

Debtor is a taxi driver and holds a NYC taxi medallion purchased in 2012 for $720,000. (2004 Exam Tr. 105:6-12, Pl.'s Mot. Summ. J. Ex. B, ECF No. 11-5.).2 On September 19, 2013, the Debtor executed a loan agreement for $840,000 with First Jersey Credit Union to refinance the medallion, of which loan was subsequently assigned to the Plaintiff on the same day. (Compl. ¶¶ 25-27, ECF No. 1; Answer ¶¶ 25-27, ECF No. 1; Def.'s Aff. Opp'n to Pl.'s Mot. Summ. J. ¶ 9, ECF No. 14; Proof of Claim No. 1 Exs. A, F, Case No. 16-41529.). On April 11, 2016, Defendant filed a voluntary petition under chapter 7 of the Bankruptcy Code along with his schedules and SOFA (the "Petition"). (Pet., Case No. 16-41529, ECF No. 1.). Debtor listed his residence as 135-39 120th Street, South Ozone Park, NY 11420 (the "Residence Property") and claimed that he owned one-fourth of the Residence Property on Schedule A/B. (Schedules, Case No. 16-41529, ECF No. 1.). On Schedule C, he claimed a homestead exemption with respect to the Residence Property. (Id.). In the SOFA, which the Debtor signed under penalty of perjury, he answered "no" to questions numbered seven and eight, which ask whether the Debtor made any payment on any debt owed to an insider, or made a payment or transferred property on account of a debt that benefited an insider, within the year prior to the filing of the Petition. (SOFA, Case No. 16-41529, *334ECF No. 1.). Debtor also answered no to question numbered eighteen, which asks whether the Debtor sold, traded or transferred any property not in the ordinary course of business or financial affairs within two years prior to the filing of the Petition. (Id.).

An initial meeting of creditors pursuant to § 341 of the Bankruptcy Code was held on May 20, 2016 (the "341 Meeting"). After the 341 Meeting, Debtor filed amended Schedule A/B and amended Schedule C on June 8, 2016 (the "First Amended Schedules"). (1st Am. Schedules, Case No. 16-41529, ECF No. 14.). Debtor changed the address of the property in which he claimed an ownership interest and in which he claimed a homestead exemption on these two schedules from the Residence Property to 130-03 122nd Street, South Ozone Park, NY 11420 (the "Investment Property"). (Id.).

On July 8, 2016, Plaintiff conducted an examination of the Debtor pursuant to Rule 2004 (the "2004 Examination"). On July 7, 2016, the day before the 2004 Examination, the Debtor provided to the Plaintiff his bank statement for the month of May 2015. (Pl.'s Att'y Certification ¶ 9, ECF No. 11-3.). According to the bank statement, there was a deposit of $55,000 into Debtor's bank account on May 18, 2015, within one year before the filing of the Petition. (2004 Exam Tr. 72:5-73:2; Def.'s Aff. Opp'n to Pl.'s Mot. Summ. J. ¶¶ 22-23, ECF No. 14.). On September 20, 2016, Plaintiff filed a complaint commencing the instant adversary proceeding (the "Complaint"). (Compl., ECF No. 1.). On October 24, 2016, Debtor filed an answer to the Complaint. (Answer, ECF No. 4.). Plaintiff conducted a deposition of the Debtor on January 12, 2017 and a deposition of Debtor's father, Sham Singh, on March 8, 2017 (the "Depositions"). On April 27, 2017, Plaintiff filed a motion for summary judgment pursuant to §§ 727(a)(2)(A)&(B) and 727(a)(4)(A) (the "Summary Judgment Motion"). (Pl.'s Mot. Summ. J., ECF No. 11.). On July 13, 2017, Defendant's counsel filed a declaration in opposition to the Summary Judgment Motion (the "Opposition"). (Def.'s Att'y. Decl. Opp'n to Pl.'s Mot. Summ. J., ECF No. 13.). Debtor also filed second amended Schedule A/B and amended Schedule D on the same day of filing the Opposition (the "Second Amended Schedules"). (2d Am. Schedules, Case No. 16-41529, ECF Nos. 32-33.). Debtor amended Schedule A/B to state the nature of his ownership interest in the Investment Property as "Fee simple" rather than "Equitable Interest"; on Schedule D, he amended the value of the Investment Property from $570,000 to $538,000. (Id.). The Debtor did not, however, amend Schedule C to remove his claimed homestead exemption in the Investment Property. (Id.). On July 17, 2017, Plaintiff filed a reply to the Defendant's Opposition. (Pl.'s Reply to Def.'s Att'y. Decl., ECF No. 17.). On August 8, 2017, the Court held a hearing on the above motions (the "Hearing") and reserved decision.

STANDARD FOR SUMMARY JUDGMENT

Summary judgment is appropriate when "the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). In ruling upon a summary judgment motion, the Court's job is not to resolve disputed issues of fact, but to determine whether a genuine issue of fact exists. See Celotex Corp. v. Catrett, 477 U.S. 317, 330, 106 S.Ct. 2548

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Cite This Page — Counsel Stack

Bluebook (online)
585 B.R. 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capital-one-equip-fin-corp-v-singh-in-re-singh-nyeb-2018.