Cronin, Skilton & Skilton v. Fielder (In re Fielder)

548 B.R. 543
United States Bankruptcy Court, N.D. Iowa·Decided March 29, 2016·No. Bankruptcy No. 14-00564; Adversary No. 14-09085·Published

Opinion

TRIAL RULING

THAD J. COLLINS, CHIEF BANKRUPTCY JUDGE

■ This case came before the Court for trial in Mason City, Iowa on Creditor Cronin, Skilton & Skilton’s complaint seeking a denial of Debtor Misty Fielder’s discharge under 11 U.S.C. § 727. David and Christine Skilton appeared for Cronin, Skilton & Skilton. J. Mathew Anderson appeared for Debtor Misty Fielder. The Court took the matter under advisement. The parties filed post-trial briefs. This is a core proceeding under 28 U.S.C. § 157(b)(2)(J).

STATEMENT OF THE CASE

Creditor Cronin, Skilton & Skilton (“Skilton”) filed this complaint seeking a denial of bankruptcy discharge for Debtor Misty Fielder (“Debtor”) under 11 U.S.C. § 727(a)(2)(A) or § 727(a)(4)(A). Skilton argues that Debtor omitted certain assets and changed the value of other assets with the intent to hinder, delay, or defraud Skilton. Skilton also alleges that Debtor knowingly made false statements on her bankruptcy petition with the intent to defraud Skilton. Debtor admits the omissions and changed valuations, but claims that they were simply honest mistakes. Debtor argues that they were not done with the intent to hinder, delay, or defraud Skilton. The Court finds that Debtor’s testimony is credible and, as explained below, that Skilton has not proven all of the elements of 11 U.S.C. § 727(a)(2)(A) or § 727(a)(4)(A). '

FINDINGS OF FACT

Debtor is Skilton’s former client. Skilton represented Debtor on a number of issues including a divorce, child custody disputes, and child support payments. Skilton sued Debtor in Iowa District Court for about $16,000 in legal expenses. Skilton received a default judgment. Skilton then held a judgment debtor’s examination on March 10, 2014. Debtor attended this examination with her father and was unrepresented by counsel.

At the examination, Debtor estimated that her household furnishings were worth between $8,000 and $10,000. She said that she had some jewelry but did not mention two wedding rings in her possession. Debtor also did not mention a property settlement from a previous marriage to which she was entitled.

Debtor filed this Chapter 7 bankruptcy on April 16, 2014. In Schedule B of her Chapter 7 petition, Debtor stated that her household furnishings were worth $4,000. She also stated that she did not have any jewelry. Later, she amended her filings to [546]*546include two wedding rings valued at $4,000. She did not list the property settlement from the earlier marriage, nor did she amend her filings to reflect the property settlement.

At trial, Debtor testified about the discrepancy between the household furnishing value she gave at the examination and the one she listed on her bankruptcy petition. Debtor stated that she did not have time at the examination to think about how much her household goods were worth. Her valuation of $8,000 to $10,000 was merely an estimate on the spot. Her father, who was with her at the judgment debtor’s examination, supported that estimate at the time. She testified that the $4,000 figure on her bankruptcy schedules reflected a more careful analysis of the value of her household furnishings.

Debtor’s more careful analysis took into account that she had purchased most of the furniture used off of Craigslist or Facebook. Other household items were hand-me-down gifts from family members who, after purchasing new items, gave their old ones to Debtor. She testified that $4,000 is a more accurate estimate of the value of her used household furnishings. She did not have the items appraised.

Debtor also testified about her two wedding rings. Debtor testified that she did not mention the rings during her judgment debtor’s examination or put them on her original bankruptcy schedules because she had forgotten about them. Debtor has been married and divorced twice. There was conflicting testimony at trial about which of her former husbands had given her which ring. She no longer wears the rings and they have been in storage. She forgot to tell her attorney about them when preparing the initial bankruptcy filing. Debtor later amended her petition to include the rings and claimed them as exempt.

Debtor also explained why she did not disclose the property settlement at the judgment debtor’s examination or in her bankruptcy filings. In her second marriage dissolution, her second ex-husband was ordered to pay her a $5,000 property settlement. She was ordered to pay him child support. Instead of trading money on a regular basis, however, the child support payments were simply offset against the property settlement. Debtor testified that, because of this offset arrangement, she was not receiving any money or value from the property settlement and “didn’t think it was relevant” to either the judgment debtor’s examination or her bankruptcy petition.

Skilton called three witnesses to testify about Debtor’s character. Two of the witnesses were Debtor’s former husbands. The third was a man with whom she had previously lived and had a relationship. All three of these witnesses testified that Debtor was untruthful.

Debtor has four children and works part-time at a local flower shop. She makes $8.50 per hour. The most she has ever earned is $12.50 per hour. Her total income for the year- she filed bankruptcy and the two preceding years was $6,879.99. She previously filed bankruptcy in 2005.

CONCLUSIONS OF LAW

I. Denial of Discharge Under 11 U.S.C. § 727(a)(2)(A)

Skilton argues that Debtor should be denied a discharge under 11 U.S.C. § 727(a)(2)(A) because she concealed property with the intent to hinder, delay, or defraud Skilton. Skilton argues that: (a) Debtor changed her valuation of her household goods to conceal their value from Skilton; (b) Debtor did not disclose [547]*547her rings at the judgment debtor’s examination or on her initial bankruptcy schedules to conceal them from Skilton; (c) Debtor did not disclose her marital property settlement at the judgment debtor’s examination or on her bankruptcy petition to conceal it from Skilton.

Debtor argues that she did not intend to hinder, delay, or defraud Skilton. She argues that she changed her valuation of her household goods after more carefully considering their value. ■ She claims that she simply forgot about the rings and did not include the property settlement because she was not receiving any payments from it.

Section 727 (a)(2)(A) provides:

(a) The court shall grant the debtor a discharge unless—
(2) The debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferred, removed, destroyed, mutilated, or concealed, or has permitted to be transferred, removed, destroyed, mutilated, or concealed—

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Cronin, Skilton & Skilton v. Fielder (In re Fielder), 548 B.R. 543 (Iowa 2016).

548 B.R. 543 (Cronin, Skilton & Skilton v. Fielder (In re Fielder)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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