Carter v. Patterson (In re Patterson)

485 B.R. 905, 2013 WL 264365, 2013 Bankr. LEXIS 280
CourtUnited States Bankruptcy Court, E.D. Arkansas
DecidedJanuary 24, 2013
DocketBankruptcy No. 5:12-bk-11501; Adversary No. 5:12-ap-01052
StatusPublished

This text of 485 B.R. 905 (Carter v. Patterson (In re Patterson)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. Patterson (In re Patterson), 485 B.R. 905, 2013 WL 264365, 2013 Bankr. LEXIS 280 (Ark. 2013).

Opinion

OPINION

RICHARD D. TAYLOR, Bankruptcy Judge.

On April 10, 2012, plaintiffs Mary D. Carter (“Carter”) and her attorney, Michael D. Ray (“Ray”), filed a Complaint and Objection to Discharge of Debt and Dischargeability of Debt (“Objection”). The debtor, Ricky W. Patterson (“Patterson”), filed his Answer to Complaint and to Objection to Discharge of Debt and Dischargability of Debt (“Answer”) on May 10, 2012. In the Objection, Carter and Ray seek a denial of discharge based on 11 U.S.C. § 727(a)(2) and a determination that debts owed to Carter resulting from a state court order are nondischargeable pursuant to 11 U.S.C. § 523(a)(2), (4), (6), and (19)(B). The parties tried this matter on December 6, 2012. For the reasons stated below, the discharge and dischargeability counts are denied.

I. Jurisdiction

This court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and 157. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I) and (J). The following opinion constitutes findings of fact and conclusions of law in accordance with Federal Rule of Bankruptcy Procedure 7052.

II. Findings of Fact

Carter presented evidence in three forms: (1) a state court order that Carter suggests should have a dispositive collateral estoppel effect; (2) direct testimony; and (3) documents admitted into evidence. The first form represents the majority of the evidence introduced at trial.

Patterson started Patterson House Moving (“PHM”) as a sole proprietorship in 1972. (Plaintiffs’ Ex. 7 at 3.) In 2003, he met and began dating Carter, who was working for another home moving business, Ferrell House Moving (“FHM”). Shortly thereafter, the couple moved in together. During the course of their relationship, they began working together at PHM. (Plaintiffs’ Ex. 4 at 2.) Eventually, Carter bought FHM from her employer. Patterson wanted to sell his business to her as well; she agreed, but they never reduced their agreement to writing. (Plaintiffs’ Ex. 4 at 1-2.) Over the years, Carter paid Patterson approximately $40,000 for the business. Despite equivocating as to the existence of an agreement to buy him out, Patterson acknowledged the sale as recently as August 27, 2007. (Plaintiffs’ Ex. 3 at 1.) Specifically, as part of his testimony in Patterson v. Sanders, No-CV-2004-291-2-5, Patterson stated, under oath, that “he had sold his business including the equipment which was the basis of this lawsuit to [Carter].” (Plaintiffs’ Ex. 3 at 1.)1

While they worked together at PHM, Carter ran the crew and equipment. Patterson obtained the necessary permits, insurance, licenses, and surety bonds. He was the only one capable of obtaining the surety bonds, which are necessary to move homes, because of Carter’s credit history. She testified, however, that Patterson gave her the impression that she could buy his bonds from him. Though Patterson handled the PHM paperwork, Carter provided [911]*911the money to pay for the permits, insurance, licenses, and bonds.

Patterson set up a checking account in Carter’s name in December of 2007. (Plaintiffs’ Ex. 4 at 2.) The address listed on the account is hers. (Plaintiffs’ Ex. 1 at 1.) Patterson was authorized to withdraw money from the account. He also deposited money into it. This money came from moving homes and Patterson’s Social Security checks.2 (Plaintiffs’ Ex. 7 at 10.) Since 2007, tax returns for PHM were filed in Carter’s name as sole proprietor. (Plaintiffs’ Ex. 8 at 7.)

Carter and Patterson worked together at PHM from 2003 until January of 2010 when their personal relationship ended. (Plaintiffs’ Ex. 4 at 5.) Thereafter, a disagreement arose regarding the ownership of PHM, and Patterson began harassing Carter. (Plaintiffs’ Ex. 8 at 3.) Carter obtained an Order of Protection against Patterson on February 10, 2010. (Plaintiffs’ Ex. 8 at 3.) On March 9, 2010, Patterson attempted to have the Order of Protection set aside so he could retrieve his property from Carter’s home, but instead of setting it aside, the state court extended the Order of Protection for an additional six months. (Plaintiffs’ Ex. 5 at 1.) According to Carter, even after the Order of Protection became effective, Patterson went to her home and removed the majority of the PHM equipment. As a result, she has been unable to move homes.

Patterson used the PHM equipment he removed from Carter’s property to continue moving homes. He moved two homes after their relationship ended and received $11,000 for the work. (Plaintiffs’ Ex. 8 at 8.) He also procured house moving permits that were issued in PHM’s name after his personal and professional relationship with Carter ended. (Plaintiffs’ Ex. 2 at l.)3 Additionally, he removed the remaining balance from the PHM bank account that he had set up in Carter’s name. According to his testimony, before closing the account, he withdrew approximately $700 to pay for insurance on the equipment for 2011. This amount, however, was not enough to cover the total insurance premium payment. He personally paid $5,000 to cover the premium payment for the surety bond for a full term. (Plaintiffs’ Ex. 6 at 1.)

On March 22, 2010, Carter filed a complaint in the Ashley County Circuit Court. (Defendant’s Ex. A at 1.) The first count of the complaint alleged that Patterson converted, seized, and misappropriated a list of specifically enumerated equipment. The second count asserted that Patterson breached his fiduciary duty by misappropriating $1,100 from the PHM bank account. Carter requested that the court place a constructive trust on any money remaining in the PHM bank account as well as enjoin Patterson from spending or disposing of the removed funds. Next, Carter alleged that Patterson’s seizure of PHM equipment and vehicles prevented her from “being able to continue to work and make a living.” (Defendant’s Ex. A at 4.) As a result, the third count asked the court to order immediate delivery of the equipment and to approve an injunction that would prevent Patterson from “selling, using, leasing, lending, disposing of, or taking any action that would diminish the value of the PHM equipment and vehicles.” (Defendant’s Ex. A at 4.) The fourth count requested an accounting of all profits or income obtained through the use or sale of any PHM equipment. The fifth count alleged that Patterson breached the [912]*912agreement that transferred ownership of PHM to Carter. The sixth count asserted that Patterson’s conduct caused her lost business opportunities and income. The final count alleged that Patterson knew or should have known his conduct would result in damage to Carter and “continued such conduct with malice or reckless disregard of the consequences from which malice may be inferred.” (Defendant’s Ex. A at 5.) Thus, Carter claimed she was entitled to an award of punitive damages.

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Cite This Page — Counsel Stack

Bluebook (online)
485 B.R. 905, 2013 WL 264365, 2013 Bankr. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-patterson-in-re-patterson-areb-2013.