Corcoran v. McCabe (In re McCabe)

559 B.R. 415
CourtUnited States Bankruptcy Court, E.D. Pennsylvania
DecidedOctober 27, 2016
DocketBankruptcy No. 13-19715-AMC; Adversary Proc. No. 14-609
StatusPublished
Cited by2 cases

This text of 559 B.R. 415 (Corcoran v. McCabe (In re McCabe)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corcoran v. McCabe (In re McCabe), 559 B.R. 415 (Pa. 2016).

Opinion

OPINION

Ashely M. Chan, United States Bankruptcy Judge

I. INTRODUCTION

The plaintiff, Conor Corcoran (“Corcor-an”), obtained a default judgment against the debtor/defendant, Brian McCabe (“Debtor”), in state court in connection with an allegedly defamatory message posted on a Myspace page. The state court subsequently held a damages hearing, in which both the Debtor and Corcoran ap-peared, and ultimately entered a judgment in Corcoran’s favor in the amount of $75,000 and issued an opinion addressing the damages sustained by Corcoran. How-[418]*418ever, liability issues, including whether the Debtor actually posted the defamatory message or committed the underlying torts, were not litigated and decided’at the damages hearing since those issues had already been resolved in Corcoran’s favor by default.

Corcoran filed this adversary proceeding seeking a determination that the $75,000 damages award that he obtained against the Debtor in state court is a non-dis-chargeable debt in the Debtor’s bankrupt-cy pursuant to § 523(a)(6). On the eve of trial, Corcoran sought to admit the tran-script from the state court damages hear-ing in order to establish that collateral estoppel precluded the Debtor from “relit-igating” the facts and issues that he ar-gued had been conclusively determined by the state court. According to Corcoran, (1) the Debtor’s underlying tort liability was actually litigated and decided by the state court during the damages hearing, and (2) the legal standards applied by the state court in determining the Debtor’s underly-ing tort liability and assessing punitive damages against the Debtor were identical to the legal standards applicable to resolv-ing this non-dischargeability proceeding under § 523(a)(6).

As discussed below, whether the Debtor posted the defamatory message or commit-ted the alleged underlying torts was never actually litigated or decided in the state court proceeding, because the Debtor’s lia-bility had already been established pursu-ant to the default judgment against the Debtor. Accordingly, collateral estoppel is inapplicable to this case. In any event, Corcoran has failed to demonstrate the authenticity of the transcript from the damages hearing because he did not obtain a notarized certificate from the custodian of the transcript setting forth that she is the custodian of the transcript and that she compared the copy of the transcript submitted to this Court to the original transcript. Furthermore, even if the Court admitted the transcript into evidence, the only relevant and potentially admissible statement in the transcript actually sup-ports the Debtor’s contention that he never posted the defamatory message.

At trial, Corcoran failed to prove that the Debtor posted the defamatory mes-sage. As a result, the Debtor necessarily could not have caused a willful and mali-cious injury to Corcoran under § 523(a)(6). The damages judgment, and any related amounts thereto, therefore are dischargea-ble in this bankruptcy proceeding.

II. FACTS AND PROCEDURAL HIS-TORY

Ink & Dagger was a hardcore vampire death metal band that was formed by the Debtor’s late brother, Sean McCabe (“Sean”), and five of his friends in the mid-1990s. Joint Pre-Trial Statement ¶¶ B.1-.2, ECF No. 39; Trial Tr. 22:5-15, 75:9-10, ECF No. 44. The band broke up after it recorded its last album in 1999. Trial Tr. 77:12-13. Sean died in 2000, but formal estate proceedings were never initiated be-cause he possessed no assets to be admin-istered. Id. at 79:22-80:14.

Although the Debtor was never involved in the administration of Ink & Dagger, he maintained relationships with the other members of Ink & Dagger after his brother’s death, albeit sparingly. Id. at 76:22— 77:1, 78:16-79:5. The Debtor’s mother, however, maintained her relationship with Jenny Park (“Park”), who was a member of Ink & Dagger and Sean’s former girl-friend. Id.

A, Trademark Infringement Litigation

In 2005, the Debtor contacted Corcoran after Park told the Debtor about trade-mark infringement litigation (“Trademark Infringement Litigation”) filed by Corcor-[419]*419an on behalf of the surviving members of Ink and Dagger (“Members”) against Mi-crosoft. Id. at 80:16-81:3. The Members alleged that Microsoft used three Ink & Dagger songs in an X-Box video game without the band’s permission. Corcoran represented the Members in their individ-ual capacities in the Trademark Infringement Litigation because Ink & Dagger did not exist as an independent entity. Id. at 22:6-24.

The Debtor was initially reluctant to join the lawsuit on behalf of his brother be-cause it unearthed painful memories about his brother. Id. at 83:2-6. However, on December 22, 2005, Microsoft filed a motion to dismiss the Trademark Infringement Litigation for failure to join Sean’s estate (“Estate”) as an indispensable party. Id. at 50:18-51:2. At that point, the Debtor retained Corcoran to represent the Estate and, on January 13, 2006, all of the parties filed a stipulation joining the Es-tate as a plaintiff in the Trademark In-fringement Litigation. Id. at 23:21-24:18, 51:17-23.

Microsoft ultimately settled the Trade-mark Infringement Litigation in June 2006 and a settlement check was sent to Corcor-an in July 2006. Id. at 24:20-25:10, 55:2-6. Corcoran deposited the settlement check into his IOLTA Account and subsequently distributed the Members’ proportionate shares of the settlement. Id. at 24:20— 25:20. However, he could not distribute the Estate’s share to the Debtor because the Estate’s inheritance tax return was not yet prepared or filed. Id.

The Debtor was frustrated by the pro-cess of preparing the inheritance tax re-turn for the Estate, so Corcoran offered to prepare the return for the Debtor on a pro bono basis. Id. at 25:19-26:15. Corcoran warned the Debtor, however, that, because Corcoran was a litigator and inexperienced with estate law, it would take him approxi-mately one year to prepare and process the return. Id. at 26:15-22, 57:25-58:13. In July 2007, Corcoran mailed the inheritance tax return to the Debtor and the Debtor filed the same. Id. at 85:3-10. In October 2007, Corcoran called the Debtor in an “exasperated” state after the. Debtor’s mother angrily accosted Corcoran via tele-phone about the delay in processing the inheritance tax return. Id. at 85:11-22. Corcoran asked the Debtor to explain to his mother why the return was delayed. Id.

B. Defamatory Message, Myspace Pages and Republication of De-famatory Message

On October 23, 2007, the following mes-sage (“Defamatory Message”) was allegedly posted on an Ink & Dagger Myspace page (“I & D Page”):

Bored? Call Conor Cochran [sic] and ask him why Sean McCabe’s share of the settlement went in his pocket. Neither Sean’s family nor his estate has received any money. It has been well over a year since the suit was settled and the rest of the members received their share.

Id. at 26:22-27:3, 29:10-12; Joint Pre-Trial Statement ¶ C.l. Corcoran testified that, at the time that the Defamatory Message was posted, the I & D Page was connected to approximately 400 or 500 friends, including Corcoran. Trial Tr. 33:21-34:13. Shortly thereafter, Corcoran was “unfriended” from the I &

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Related

Gomersall v. Adams (In re Adams)
602 B.R. 609 (E.D. Pennsylvania, 2019)
Corcoran v. McCabe (In re McCabe)
588 B.R. 428 (E.D. Pennsylvania, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
559 B.R. 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corcoran-v-mccabe-in-re-mccabe-paeb-2016.