Contemporary Imports, Inc. v. Morrow (In re Morrow)

563 B.R. 272, 2017 Bankr. LEXIS 94
CourtUnited States Bankruptcy Court, E.D. Tennessee
DecidedJanuary 12, 2017
DocketNo. 4:15-bk-13391-SDR; Adv. No. 4:15-ap-1128-SDR
StatusPublished
Cited by1 cases

This text of 563 B.R. 272 (Contemporary Imports, Inc. v. Morrow (In re Morrow)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Contemporary Imports, Inc. v. Morrow (In re Morrow), 563 B.R. 272, 2017 Bankr. LEXIS 94 (Tenn. 2017).

Opinion

MEMORANDUM OPINION

Shelley D. Rucker, UNITED STATES BANKRUPTCY JUDGE

Contemporary Imports, Inc., d/b/a Contemporary Mitsubishi (“Contemporary” or “Plantiff”) seeks a judgment against Stephanie Anne Roller (“Defendant” or “Debtor”), for $16,425 along with prejudgment interest at the rate of 7%. It also seeks a determination that the debt is nondischargeable pursuant to 11 U.S.C. §§ 523(a)(2), (4), and (6).

Contemporary’s claim arises from the failure of the Defendant to' remit the proceeds from the sale of a Jeep that was purchased by Contemporary, titled in Contemporary’s name, and left in the posses[274]*274sion of the Defendant’s company, Roller Automotive, LLC, for repairs and resale. The Defendant blames her inability to remit those proceeds to Contemporary on theft and mismanagement by her former business partner and spouse, Chance Morrow. Unfortunately for the Defendant, the court finds that her former husband’s alleged misconduct, which was discovered after the sale of the vehicle and conversion of the proceeds, does not absolve her of the nondischargeable liability caused by her intentional acts in disregard of Contemporary’s legal rights. The court finds that Contemporary holds a claim for the value of the missing vehicle plus prejudgment interest of 7% and that its claim is not dischargeable.

These are the court’s findings of fact and conclusions of law made pursuant to Federal Rule of Bankruptcy Procedure 7052.

I. Jurisdiction

The court has jurisdiction pursuant to 28 U.S.C. §§ 1334 and 157(b)(2)(I). These are core matters regarding the dischargeability of a debt owed to the Plaintiff. The parties have also consented to this court entering a final order. (Doc. No. 17, Scheduling Order).

II. Facts

The Parties

The Debtor filed a Chapter 7 voluntary bankruptcy petition on August 6, 2015. (Bankr. Case No. 4:15-bk-13391-SDR, Doc. No. 1). Contemporary filed this adversary proceeding on November 19, 2015. (Doc. No. 1, Complaint).3 A trial was held on September 19, 2016.

At trial, the court first heard testimony from Torrey Cochran, the owner of Contemporary. (Testimony of Torrey Cochran, Sept. 19, 2016, at 11:24:10-12:01:54). Mr. Cochran testified that both Ms. Roller and Mr. Morrow had been authorized to act on behalf of Contemporary as “authorized agents” at auto auctions. (Id. at 11:29:14). Mr. Cochran’s understanding was that Ms. Roller was the owner of Roller Automotive and that her then husband, Mr. Morrow, was employed by her. (Id. at 11:29:29). Prior to authorizing Ms. Roller as Contemporary’s agent, Mr. Cochran performed a background investigation on her, through which he learned that she had prior experience in the auto auction industry and heard otherwise good reports about her. (Id. at 11:28:02, 11:29:44, 11:59:13). Mr. Cochran explained that he knew Mr. Morrow previous to their business relationship. (Id. at 11:46:42).

Mr. Cochran stated that Ms. Roller was “actively involved” in the business of Roller Automotive and that she was “the principal and one of our main contacts.” (Id. at 11:36:05). He testified that Ms. Roller dealt with Contemporary “on a regular basis” and that he had “several conversations” with her while she was engaged buying cars for Contemporary. (Id. at 11:36:15, 11:45:44). He admitted that he had never met Ms. Roller in person, but he also explained that he never saw Mr. Morrow in person after their business relationship began. (Id. at 11:46:23). Mr. Cochran acknowledged that he had more numerous conversations about the business with Mr. Morrow than with Ms. Roller. (Id. at 11:47:19).

Next, the court heard testimony from the Defendant. (Testimony of Stephanie Roller, Sept. 19, 2016, at 12:02:14-[275]*27512:43:25). Ms. Roller acknowledged that she was the sole owner of Roller Automotive but explained that the business was formed under her name because Mr. Morrow owed federal taxes. (Id. at 12:03:28). She testified that the business was started “at the end of 2010” under the name Morrow Automotive. (Id. at 12:16:31). She explained that Mr. Morrow had told her at the time that the business should be in her name for “minority purposes,” because “not many women ... own car dealerships.” (Id. at 12:03:48). Ms. Roller testified that she had previously worked in the auto auction business as a “sales girl” but that she had not worked in the “auto business” until she met Mr. Morrow. (Id. at 12:04:04). She had never formed a company before. (Id. at 12:04:11). She described her role at Roller Automotive as a “secretary and driver.” (Id. at 12:06:02). She explained that she was “loosely” involved with Roller Automotive the entire three years it was in business. (Id. at 12:38:04).

Ms. Roller testified that Mr. Morrow had twenty years of experience in the auto auction business. (Id. at 12:04:41). She stated that Mr. Morrow conducted all operations for Roller Automotive and that “he bought every car and sold every car himself, every single one.” (Id. at 12:05:00, 12:05:45). She testified that Roller Automotive had a retail lot from which it sold some vehicles, including other vehicles purchased by Contemporary per the parties’ agreement. (Id. at 12:17:06, 12:27:36). Despite Ms. Roller’s disavowal of any real involvement in the business, she did sign bills of sale, was a signatory on the company’s bank account, and made deposits and signed checks. (Id. at 12:06:34, 12:18:42, 12:22:28, 12:23:53). Despite her claims of inexperience, she demonstrated a detailed knowledge of the business and what was involved in transferring title to the vehicles.

Ms. Roller testified that before Roller Automotive was formed, she had not had any relationship with Mr. Cochran and had in fact never met him face-to-face before trial. (Id. at 12:05:28). She stated that Mr. Morrow had known Mr. Cochran for several years. (Id. at 12:05:42). She explained that Mr. Morrow would not let her talk to Mr. Cochran and said that she only talked to Mr. Cochran on the occasions that Mr. Morrow would not answer his phone. (Id. at 12:31:44).

The Business Arrangement

Mr. Cochran testified that after making Ms. Roller and Mr. Morrow authorized agents of Contemporary, he entered into an agreement with them whereby they would attend auto auctions on behalf of Contemporary. (Testimony of Torrey Cochran, Sept. 19, 2016, at 11:30:12). Under the agreement, Ms. Roller and Mr. Morrow were each, independent of one another, authorized to buy automobiles under Contemporary’s name at auction, make repairs to them if necessary, and then resell the automobiles at a second auction. (Id. at 11:30:39). Contemporary would pay the auction company for the vehicles, obtain financing and insurance, and handle all paper transactions to and from the auctions. (Id. at 11:31:30).

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Cite This Page — Counsel Stack

Bluebook (online)
563 B.R. 272, 2017 Bankr. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/contemporary-imports-inc-v-morrow-in-re-morrow-tneb-2017.