Country Credit, LLC v. Martin (In re Martin)

513 B.R. 303
CourtUnited States Bankruptcy Court, S.D. Mississippi
DecidedJuly 10, 2014
DocketBankruptcy No. 13-02091-NPO; Adversary No. 13-00090-NPO
StatusPublished
Cited by2 cases

This text of 513 B.R. 303 (Country Credit, LLC v. Martin (In re Martin)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Country Credit, LLC v. Martin (In re Martin), 513 B.R. 303 (Miss. 2014).

Opinion

MEMORANDUM OPINION AND ORDER ON AMENDED COMPLAINT TO DETERMINE THE DIS-CHARGEABILITY OF DEBT PURSUANT TO 11 U.S.C. § 523 AND FOR OTHER RELIEF

NEIL P. OLACK, Bankruptcy Judge.

This matter came before the Court for trial on May 28, 2014 (the “Trial”) on the Amended Complaint to Determine the Dis-chargeability of Debt Pursuant to 11 U.S.C. § 523 and for Other Relief (the “Complaint”) (Adv. Dkt. 14)1 filed by Country Credit, LLC (“Country Credit”) and the Response to Amended Complaint to Determine the Dischargeability of Debt Pursuant to 11 U.S.C. § 523 and for Other Relief (the “Response”) (Adv. Dkt. 15) filed by the debtor, Bobbie J. Martin (the “Debtor”), in the Adversary. The Pretrial Order (Adv. Dkt. 23) was entered on May 15, 2014. The Debtor filed the Defendants’ [sic] Findings of Fact (Adv. Dkt. 25) on May 27, 2014. On that same day, Country Credit filed the Plaintiffs Findings of Fact (Adv. Dkt. 26).

At Trial, John S. Simpson (“Simpson”) and Stacy Moore Buchanan represented Country Credit, and Tylvester O. Goss represented the Debtor. During Trial, Country Credit introduced into evidence seventeen (17) exhibits, and the Debtor introduced into evidence nine (9) exhibits.2 Country Credit presented the testimony of three (3) witnesses: (1) Misty King (“M. King”), the office manager of Country Credit; (2) Charlotte King (“C. King”), a customer service representative of Country Credit; and (3) Stephen Binning, a member of Country Credit. The Debtor presented only his own testimony.

After Trial, the parties requested and received permission to file post-trial briefs. On June 18, 2014, the Debtor filed the Brief of Defendant — Bobby J. Martin (the [307]*307“Debtor Brief’) (Adv. Dkt. 29), and Country Credit filed a brief in the form of a one-page letter (the “Country Credit Brief’) (Adv. Dkt. 30).

At issue in the Adversary is whether the Debtor made misrepresentations or omissions to Country Credit within the meaning of 11 U.S.C. § 523(a)(2)(A) or (B)3 that would render his indebtedness to Country Credit nondisehargeable. The Court, having considered the pleadings, evidence, and arguments of counsel, finds that Country Credit has not met its burden of proving the elements required for nondischarge-ability for the reasons that follow.

Jurisdiction

This Court has jurisdiction over the parties to and the subject matter of this Adversary pursuant to 28 U.S.C. § 1334. This is a core proceeding pursuant to 28 U.S.C. § 167(b)(2)®. Notice of the Trial was proper under the circumstances.

Facts4

1. On September 18, 2012, the Debtor contacted Country Credit to apply for a loan.

2. Based upon information provided by the Debtor over the telephone, C. King completed an application form (the “Application”) (Country Credit Ex. 2) and budget form (the “Budget”) (Country Credit Ex. 3). Then, M. King, no relation to C. King, called the Debtor to verify the accuracy of the information in the Budget.5 M. King, however, testified at Trial that she did not “independently recollect” this particular conversation or loan closing6 but that she usually called loan applicants for this purpose.

3. On September 19, 2012, the Debtor signed the completed Application in person at Country Credit’s office in Brookhaven, Mississippi. The Debtor also signed other documents related to the loan, including: (1) Disclosure Statement, Promissory Note, and Security Agreement (Country Credit Ex. 1); (2) Budget; (3) Loan Application Addendum (the “Addendum”) (Country Credit Ex. 4); and (4) signature page (the “Signature Page”) (Country Credit Ex. 5). After signing these documents, the Debtor received a loan in the principal amount of $1,869.95 (the “Loan”) at an interest rate of 43.33 percent (43.33%).

4. The Debtor did not disclose during his telephone conversations with C. King and M. King or in the Loan documents that he had “dependents” or “child-support obligations.”7 Later at Trial, the Debtor testified that he had six (6) children and paid child support for five (5) of his children.

5. On July 8, 2013, the Debtor filed a voluntary petition for relief under chapter 13 of the U.S. Bankruptcy Code. (Bankr. Dkt. 1).

[308]*3086. On February 10, 2014, Country Credit filed the Complaint seeking a declaration that the debt attributable to the Loan is excepted from discharge under 11 U.S.C. § 523(a)(2)(A) or (B).8 The Debtor filed his Response on March 5, 2014.

Discussion

Usually, “all debts arising prior to the filing of the bankruptcy petition will be discharged.” United States v. Coney, 689 F.3d 365, 371 (5th Cir.2012) (citing In re Bruner, 55 F.3d 195, 197 (5th Cir.1995)). Although this is the general rule, “Congress has provided that certain types of liabilities are excepted from the general rule of discharge” in order to “ensure that the Bankruptcy Code’s ‘fresh start’ policy is only available to ‘honest but unfortunate debtor[s].’ ” Id. (citations omitted).

In its Complaint, Country Credit seeks a finding of nondischargeability of the Loan debt based on § 523(a)(2)(A) or (B). Section 523(a)(2)(A) covers oral misrepresentations or omissions and excepts from discharge a debt:

(2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by—
(A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition.

11 U.S.C. § 523(a)(2)(A). Section 523(a)(2)(B) covers written statements and excepts from discharge a debt:

(2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by—
(A) use of a statement in writing—
i. that is materially false;
ii. respecting the debtor’s or an insider’s financial condition;
iii. on which the creditor to whom the debtor is liable for such money, property, services, or credit reasonably relied; and
iv. that the debtor caused to be made or published with intent to deceive.

11 U.S.C. §

Related

Frost Bank v. Hickman II
S.D. Texas, 2025
McComb Financial, Inc. v. Webster (In re Webster)
573 B.R. 653 (S.D. Mississippi, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
513 B.R. 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/country-credit-llc-v-martin-in-re-martin-mssb-2014.