Coyle v. Coyle (In re Coyle)

538 B.R. 753, 2015 Bankr. LEXIS 3246
CourtUnited States Bankruptcy Court, C.D. Illinois
DecidedSeptember 25, 2015
DocketCase No. 14-90026; Adv. No. 14-09013
StatusPublished
Cited by1 cases

This text of 538 B.R. 753 (Coyle v. Coyle (In re Coyle)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coyle v. Coyle (In re Coyle), 538 B.R. 753, 2015 Bankr. LEXIS 3246 (Ill. 2015).

Opinion

OPINION

Mary P. Gorman, United States Chief Bankruptcy Judge

This matter is before the Court for decision after trial on an amended complaint filed by Michael Coyle, Jacqueline Coyle, and Jon Coyle (“Plaintiffs”) objecting to the discharge of the Debtor, Amanda K. Coyle. Because the Plaintiffs have met their burden to prove that the Debtor, with the intent to hinder, delay, or defraud her creditors, transferred property within one year before filing her bankruptcy petition, her discharge will be denied.

I. Factual and Procedural Background

Amanda Coyle (“Debtor”) filed her voluntary petition for Chapter 7 relief on January 14, 2014. On her Statement of Financial Affairs (“SOFA”), the Debtor listed several pre-petition payments to creditors, including payments made on several credit cards as well as payments made on November 25, 2013, of $25,000 to the law firm of O’Neil Cannon Hollman Dejong & Laing, S.C. (“O’Neil Cannon”) and $3400 to her husband, John Geissal. [757]*757On her SOFA, the Debtor also disclosed a Wisconsin state court judgment entered against her in 2013.

On her Schedule B — Personal Property, the Debtor disclosed her interest in an individual investment account held at Robert W. Baird and Co. (“Baird”) with a balance of $167, two IRA accounts with Baird totaling nearly $270,000, joint ownership of a 2010 Chevrolet Malibu, jewelry valued at $459.50, and several other items of personal property. On her Schedule D — Creditors Holding Secured Claims, the Debtor listed PNC Bank as the holder of a mortgage on her home, the Plaintiffs as judgment lien holders, and Chase Auto. On her Schedule F — Creditors Holding Unsecured Nonpriority Claims, she listed the Plaintiffs and a small credit card debt. The Debtor reported on her Schedule I— Income that she and her husband were both retired and had joint net monthly income of approximately $4500. Their principal sources of income were disclosed as Social Security and pension payments. On her Schedule J — Expenses, the Debtor listed a monthly house payment of $400 plus an additional $335 spent monthly on real estate taxes, insurance, and upkeep. She also listed a monthly entertainment expense of $400 and two car payments of $389 and $315. Total monthly expenses for the Debtor and her husband were scheduled at approximately $3800.

The Chapter 7 Trustee (“Trustee”) held two meetings of creditors, the first in February 2014 and the second in April 2014. The Debtor appeared and participated in both meetings. Following each of the meetings, the Debtor filed amendments to her SOFA and schedules. After the first meeting, the Debtor amended her SOFA to disclose a $2700 payment made to her sister, Thérese Trieloff, in November 2013. She also disclosed ownership of a business, Andy’s Creations. On an amended Schedule B — Personal Property, the Debtor disclosed several additional bank accounts with minimal balances. In an amendment to her SOFA filed in May 2014, the Debtor listed, for the first time, gambling losses of $4800 in the year preceding her bankruptcy filing. She also amended her Schedule J, disclosing lower monthly car payment amounts of $348.19 and $299.71. In an amendment to her SOFA filed in July 2014, the Debtor disclosed three transfers of $6000 each, which she stated were IRA contributions for tax years 2011, 2012, and 2013.

The Plaintiffs filed a timely complaint objecting to the discharge of the Debtor and to the dischargeability of the debt owed by the Debtor to them. Subsequently they filed an Amended Complaint. The Amended Complaint contains over one hundred factual allegations common to all counts. Counts I, II, and III seek a determination of the nondischargeability of the debt owed by the Debtor to the Plaintiffs and are not before the Court at this time.

Count IV of the Amended Complaint alleges that the Debtor should be denied a discharge for transferring, removing, destroying, mutilating, ' or concealing her property with the intent to hinder, delay, ‘or defraud her creditors, within one year before filing her petition. Specifically, the Plaintiffs allege that the Debtor converted non-exempt inherited property into exempt property without disclosing it on her SOFA. Count V of the Amended Complaint alleges the Debtor should be denied a discharge for concealing or failing to keep financial records relating to her Chase credit card, her Bank of America credit card, and her PNC Bank savings account. Count VI alleges that the Debtor should be denied a discharge for making several false oaths on her petition, schedules, SOFA, and at her meetings of creditors. In particular, the Plaintiffs allege [758]*758that the Debtor made false oaths regarding her gambling losses and spending, her financial accounts, her contemplation and discussion of bankruptcy, her inheritance from her mother, .her monthly housing or mortgage payments, her monthly car payments, payments she made to family members, and her net income. Finally, Count VII of the Amended Complaint alleges that the Debtor should be denied a discharge for her failure to explain satisfactorily the loss of assets or deficiency of assets to meet her liabilities.

The allegations in the Amended Complaint largely focus on the Debtor’s prepet-ition conduct regarding a Wisconsin state court judgment entered against her in 2013. In April of that year, the Dane County Circuit Court of Wisconsin entered an oral ruling, finding against the Debtor and in favor of the Plaintiffs on state law counts of breach of power of attorney, undue influence, and statutory conversion. Plaintiffs are the Debtor’s siblings and the alleged wrongdoing involved her conduct related to the finances of their late father. The state court reserved ruling on damages pending further arguments from the parties. In May 2013, the state court entered an order temporarily enjoining the Debtor from “encumbering, concealing, damaging, destroying, transferring, or in any way disposing of property or other assets ... except to secure necessities.” (Ex. P-2.) In October 2013, the court entered the final judgment (“Judgment”) against the Debtor, awarding damages and interest to the Plaintiffs in the amount of $719,564.89. The Debtor filed a notice of appeal of the Judgment in November 2013.

The Plaintiffs registered the Judgment in the Circuit Court of Champaign County, Illinois. They then issued a non-wage garnishment against Baird for funds held in the account belonging to the Debtor. Baird was served with the garnishment notice, summons, and affidavit for garnishment on November 15, 2013. (Ex. P-3.) The Plaintiffs also served the Debtor with a copy of the garnishment papers by certified mail. The certified mail receipt indicates on its face that it was signed for by the Debtor’s husband on November 23, 2013. (Ex. P-3.) Both the Debtor and her husband contend it was actually received and signed for on November 25th.

On November 25, 2013,. the Debtor issued payments from the Baird account to her husband and O’Neil Cannon — one of the firms that had represented her on matters relating to the Judgment and that had agreed to represent her in her appeal — in the amounts of $3400 and $25,000, respectively. (Exs.P-65, 66.) The Debtor also made a payment to Bank of America for $1200 which was never disclosed in any of the amendments to her SOFA. (Ex. P-64.) These payments, along with other withdrawals, reduced the balance in the Baird account to $167.36.

On November 26, 2013, the Debtor was served with supplementary proceedings, commonly referred to as a citation to discover assets, under Illinois law.

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Cite This Page — Counsel Stack

Bluebook (online)
538 B.R. 753, 2015 Bankr. LEXIS 3246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coyle-v-coyle-in-re-coyle-ilcb-2015.