Cincinnati Insurance v. Chidester (In re Chidester)

524 B.R. 656
CourtUnited States Bankruptcy Court, W.D. Virginia
DecidedJanuary 28, 2015
DocketCase No. 11-51591; Adversary Case No. 12-05008
StatusPublished
Cited by7 cases

This text of 524 B.R. 656 (Cincinnati Insurance v. Chidester (In re Chidester)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cincinnati Insurance v. Chidester (In re Chidester), 524 B.R. 656 (Va. 2015).

Opinion

MEMORANDUM OPINION

Rebecca B. Connelly, United States Bankruptcy Judge

Before the Court is Cincinnati Insurance Company’s (“Cincinnati Insurance”) renewed motion for summary judgment, seeking a determination that a debt owed to it by Michael D. Chidester is non-dis-chargeable as arising from Mr. Chidester’s defalcation. As more fully set forth below, the Court grants Cincinnati Insurance’s motion for summary judgment.

FACTUAL AND PROCEDURAL HISTORY

On November 13, 2013, the Court entered a memorandum decision which granted in part and denied in part Cincin[658]*658nati Insurance’s first motion for summary-judgment.1 In that opinion, the Court concluded that Cincinnati Insurance was entitled to summary judgment regarding the existence of a debt and the fact that the debt arose from Mr. Chidester’s fiduciary relationship as guardian for his stepfather, Billy Linwood Clemmer.2 The Court, however, found that a disputed issue of material fact existed regarding Mr. Chi-dester’s mental state. The Court concluded that Cincinnati Insurance was not entitled to summary judgment on the question of Mr. Chidester’s mental state in light of the Supreme Court’s Bullock opinion.3 Specifically, the Bullock ruling requires courts to find the debtor acted with at least recklessness to declare a debt nondis-chargeable as arising from defalcation.4

Subsequently, Cincinnati Insurance renewed its motion for summary judgment, relying primarily on the development of the case law since the Bullock decision and information gleaned from a recent deposition of Mr. Chidester.5 Specifically, the renewed motion for summary judgment highlighted portions of Mr. Chidester’s deposition indicating he knew he needed to account for Mr. Clemmer’s funds but failed to do so.6 Furthermore, the motion pointed out that Mr. Chidester received a letter from the Commissioner of Accounts informing him he had yet to file the final accounting, but Mr. Chidester “ignored” the letter and did not inform the Commissioner of either the disposition of the estate’s assets or an explanation of his failure to account.7 Accordingly, Cincinnati Insurance asserted the evidence before the Court was sufficient to prove Mr. Chides-ter possessed the requisite scienter under the Supreme Court’s newly defined standard.

In response to the renewed motion for summary judgment, Mr. Chidester asserted, “the record' thus far does not establish that Mr. Chidester maintained a culpable state of mind ... or that he committed defalcation through an intentional wrong or by engaging in reckless conduct.”8

At the hearing on November 19, the parties appeared and presented their respective arguments. Counsel for Cincinnati Insurance began with a brief recitation of the facts, supplemented with testimony from Mr. Chidester’s deposition, which she then asserted satisfied the Bullock standard.9 Specifically, she pointed out that Mr. Chidester had legal representation in his appointment hearing; he filed two previous account-ings, both of which the Commissioner of Accounts accepted; and he acknowledged an awareness of his obligations as conservator, yet he failed to meet them.10 Moreover, in response to Mr. [659]*659Chidester’s anticipated excuses, counsel for Cincinnati Insurance argued that although he might not have had the documents in his immediate possession, he knew how much he had paid various individuals, remembered the names and locations of all of the nursing homes in which his stepfather resided, and could have gone to the bank to get his stepfather’s account records, none of which he did.11 Finally, Cincinnati Insurance’s counsel stressed that Mr. Chidester knew he had failed to comply with his duties, because he received a notice from the Commissioner of Accounts informing him he needed to make a final accounting of his stepfather’s estate, but Mr. Chidester admittedly “ignored” the correspondence.12 Counsel then compared these facts to a handful of the litany of cases she had cited in her motion and, again, suggested the case was ripe for summary judgment.13

Conversely, Mr. Chidester’s counsel claimed the Supreme Court’s ruling in Bullock was stringent and required something akin to criminal recklessness or gross negligence.14 In explaining why Mr. Chidester’s conduct did not rise to the level of criminal recklessness, his counsel argued that Mr. Chidester’s failure to file the accounting was directly tied to his strained relationship with his stepbrother who had control over a storage unit containing records Mr. Chidester asserted he needed to complete the accounting.15 Furthermore, Mr. Chidester’s attorney emphasized that the record contains no evidence of improper conduct, fraud, or misuse of funds, implying such a finding is necessary under the Bullock standard.16 Finally, he argued that the Court should consider Mr. Chidester’s lack of sophistication in legal matters as a mitigating factor in his favor.17

Ultimately, counsel for Mr. Chidester conceded that Mr. Chidester did not file the accounting and did not go “beyond” the records to attempt to procure other copies of the documents to which is brother had denied him access.18 Nevertheless, he maintained that a genuine issue of material fact existed as to whether Mr. Chi-dester’s actions rose to the level of “recklessness” as required by Bullock,19

At the end of the hearing, the Court took under advisement the matter of Mr. Chidester’s mens rea with respect to his failure to account.20

CONCLUSIONS OF LAW

a) Summary Judgment

Summary judgment is proper when there is “no genuine issue as to any material fact and ... the movant is entitled to judgment as a matter of law.” News & Observer Publ’g Co. v. Raleigh-Durham Airport Auth., 597 F.3d 570, 576 (4th Cir.2010); see also Fed. R. Bankr.P. 7056. A “material fact” is any one which may “affect the outcome of the case,” and a “genuine issue” exists as to any material fact “when the evidence would allow any reasonable juror to return a verdict for the [660]*660non-moving party.” News & Observer Publ’g Co., 597 F.3d at 576. Furthermore, in making such a determination, courts should consider the non-moving party’s evidence as true and construe any reasonable inference in that party’s favor. Id.

b) Defalcation and the Bullock Standard

Section 523(a)(4) of the Bankruptcy Code excepts from discharge any debt arising from “fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny.” 11 U.S.C. § 523(a)(4). Until the Bullock

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Brabson v. Janosik
E.D. Virginia, 2023
Chavis v. Mangrum (In re Mangrum)
599 B.R. 868 (E.D. Virginia, 2019)
Bryan Scott Owens, Ga. Lottery Corp. v. Owens
599 B.R. 388 (N.D. Georgia, 2019)
Liberty Mutual Insurance Co. v. Ward (In re Ward)
578 B.R. 541 (E.D. Virginia, 2017)
Heers v. Parsons (In Re Heers)
529 B.R. 734 (Ninth Circuit, 2015)
Caitlin Energy, Inc. v. Rachel (In re Rachel)
527 B.R. 529 (N.D. Georgia, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
524 B.R. 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cincinnati-insurance-v-chidester-in-re-chidester-vawb-2015.