Citizens Bank v. Decena

562 B.R. 202, 2016 U.S. Dist. LEXIS 165171
CourtDistrict Court, E.D. New York
DecidedNovember 29, 2016
Docket16-cv-1918 (ADS)
StatusPublished
Cited by6 cases

This text of 562 B.R. 202 (Citizens Bank v. Decena) is published on Counsel Stack Legal Research, covering District 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
Citizens Bank v. Decena, 562 B.R. 202, 2016 U.S. Dist. LEXIS 165171 (E.D.N.Y. 2016).

Opinion

Memorandum of Decision & Order

SPATT, District Judge:

On April 19, 2016, the Appellant Citizens Bank (the “Bank”) commenced the present appeal from a Memorandum Decision (the “Underlying Decision”) of the United States Bankruptcy Court for the Eastern District of New York (Grossman, J.). The Bank contended that, in an adversary proceeding, the Bankruptcy Court’s entry of a default judgment against it, and in favor of the Appellee Lorelei de Cena (the “Debt- or”), was reversible error.

For the reasons that follow, the Court agrees, and finds that good cause existed for the Bankruptcy Court to set aside the Clerk’s entry of default against the Bank, as a matter of law. Accordingly, the Court respectfully reverses the Underlying Decision and remands this matter for further proceedings consistent with this opinion.

I. Background

The following facts are drawn from the April 4, 2016 Memorandum Decision of United States Bankruptcy Judge Robert E. Grossman (previously defined as the “Underlying Decision”) and the parties’ briefs. Unless otherwise noted, they are not in dispute.

In 2001, the Debtor applied for admission to an institution known as St. Christopher’s College of Medicine (“St. Christopher’s”). St. Christopher’s is a Senegalese institution, with a campus located in the United Kingdom.

Upon her acceptance, in order to fund her studies, St. Christopher’s provided the Debtor with a loan application from the Bank. Apparently, certain material portions of the loan application were pre-printed at the time the Debtor received it.

For example, the loan application identified St. Christopher’s as the name of the educational institution for which the Debt- or incurred the loan. The loan application also included a six-digit numerical school code, purportedly taken from the Federal School Codes List. The Federal School Codes List catalogues all postsecondary schools that are eligible for federal student aid. In order to receive a federal school code, educational institutions must undergo rigorous vetting by the Department of Education. For this reason, a loan will only qualify as a “student loan” for purposes of federal bankruptcy law if it is incurred in order to pursue an education at an institution featured on the Federal School Codes List.

According to the Debtor, the impression clearly given by the inclusion of this information on the loan application was that St. Christopher’s was, in fact, an eligible educational institution in the eyes of the federal government.

In actuality, however, it is not, and the school code listed on the Bank’s loan application belonged exclusively to Steinbeis Hoch Schulte, a school in Berlin that is totally unaffiliated with St. Christopher’s. In fact, not only was St. Christopher’s not included on the Federal School Codes List, but it was also neither licensed nor accredited as a postsecondary educational institution.

However, relying, at least in part, on the seeming legitimacy of St. Christopher’s as conferred by the loan application and the institution’s connection to the Bank, the Debtor applied for and received five separate loans from the Bank to fund her education (the “Debt”).

[204]*204Sadly, in June 2004, after completing a three-year course of study, the Debtor was not permitted to sit for the medical boards in the United States because St. Christopher’s was not an accredited medical school.

II. Relevant Procedural History

On July 7, 2015, the Debtor filed a voluntary petition for Chapter 7 relief. At the time of her filing, the outstanding balance due on the Debt was $161,591.19, the entirety of which she appropriately disclosed as a scheduled obligation to the Bank.

On August 11, 2015, the Chapter 7 Trustee filed a “report of no distribution,” and on October 15, 2015, the Bankruptcy Court granted a discharge.

On October 13, 2015, by way of a summons and complaint, the Debtor commenced an adversary proceeding seeking to specifically declare the Debt at issue in this case to be discharged. It is undisputed that process was served upon the Bank by first-class mail at: 1 Citizens Plaza, Providence, RI 12903 Attn: Bruce Van Saun Chairman, CEO & President.

The Bank failed , to answer or otherwise respond to the complaint, and on December 14, 2015, the Clerk of the Court noted the Bank’s default.

On January 9, 2016, the Debtor filed an amended complaint; which, together with a supplemental summons, was served on the Bank in the same manner as the original complaint.

The Bank again failed to answer or otherwise respond to the amended complaint, and on February 22, 2016, the C.lerk of the Court again noted the Bank’s default.

On February 29, 2016, the Debtor filed a motion in the Bankruptcy Court for the entry of a default judgment against the Bank. The motion papers were served on the Bank in same manner as the original complaint and the amended complaint. -

On March 21, 2016, the Bankruptcy Court held a hearing on the Debtor’s motion for a default judgment. Despite having defaulted on both complaints; and despite all of the relevant submissions having been served in identical fashion, the Bank appeared by counsel in opposition to the motion, which counsel admitted having received from the Bank three days earlier, on March 18, 2016.

Of note, at the hearing, counsel did not deny that the Bank also received both of the Debtor’s complaints. Instead, counsel argued only that the method of service had been improper. In particular, counsel referred to Federal Rule of Bankruptcy Procedure (“Fed. R. Banicr. P.”) 7004(h) for the proposition that, since the Bank is an insured depository institution, as that term is statutorily defined, service of process in an adversary proceeding must be made by certified mail. Thus, to the extent that the Debtor served notice of the action by first-class mail, the Bank contended that such service had been insufficient to confer personal jurisdiction, and therefore, the court could not enter a default judgment against it.

Counsel requested and was granted a 14-day extension of time for the Bank to respond to the Debtor’s motion for a default judgment. In granting this extension, the Bankruptcy Court explicitly cautioned that if the Bank failed to respond within 14 days, the motion for a default judgment would be granted. See Transcript of Proceedings on Mar. 21, 2016 at 6:4-5 (“If the reply isn’t put in within 14 days I’m going to grant this default judgment”).

On April 1, 2016, namely, 11 days after the hearing, the Bank filed a written objection to the entry of a default judgment, together with an affidavit by Alisha McNally, a so-called Bankruptcy Specialist for the Bank. In her affidavit, Ms. McNally [205]*205stated that the Bank had no record of receiving the Debtor’s original complaint or amended complaint. Although Ms. McNally conceded that the Bank received a copy of the Debtor’s motion for a default judgment and forwarded the matter to counsel within two days of receipt, she failed to specify when either of these events occurred.

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

Related

In Re Hilal K. Homaidan
Second Circuit, 2021
Homaidan v. SLM Corp. (In re Homaidan)
596 B.R. 86 (E.D. New York, 2019)
Golden v. JP Morgan Chase Bankt (In re Golden)
596 B.R. 239 (E.D. New York, 2019)
In re Panek-Hortman
593 B.R. 400 (W.D. New York, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
562 B.R. 202, 2016 U.S. Dist. LEXIS 165171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-bank-v-decena-nyed-2016.