Custom Recycling Services, Inc. v. Blake (In re Blake)

516 B.R. 352
CourtUnited States Bankruptcy Court, N.D. Mississippi
DecidedAugust 25, 2014
DocketBankruptcy No. 08-13780-JDW; Adversary No. 10-01206-JDW
StatusPublished
Cited by1 cases

This text of 516 B.R. 352 (Custom Recycling Services, Inc. v. Blake (In re Blake)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Custom Recycling Services, Inc. v. Blake (In re Blake), 516 B.R. 352 (Miss. 2014).

Opinion

MEMORANDUM OPINION

JASON D. WOODARD, Bankruptcy Judge.

This adversary proceeding comes before the Court for consideration of the Adversary Complaint to Determine Discharge-ability of Debt (the “Complaint”) (A.P. Dkt. # 1) filed by Custom Recycling Systems, Inc. (the “Plaintiff’) against debtor Charles Nathan Blake (the “Defendant”). Phase one of a bifurcated trial on the adversary proceeding was held on August 7, 2014, at which time a representative of the Plaintiff, Daniel Skinner, counsel for the Plaintiff, Gary Street Goodwin, the Defendant, and counsel for the Defendant, T.K. Moffett, all appeared. Arguments were heard and certain documents were received into evidence by stipulation of the parties. The Court also heard testimony from several witnesses. This Court has jurisdiction pursuant to 28 U.S.C. §§ 151, 157(a) and 1334(b) and the United States District Court for the Northern District of Mississippi’s Order Of Reference Dated August 6, 1984. This is a core proceeding as set forth in 28 U.S.C. § 157(b)(2)(I) and (J).

The Plaintiff seeks a determination that debts owed to the Plaintiff by the Defendant are nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(4) and/or (a)(6). As a threshold matter, Plaintiff asserts that collateral estoppel applies and pre-[354]*354eludes further litigation on the issue of nondischargeability.1 The Plaintiffs claim arises from a default judgment (the “District Court Judgment”) entered by the United States District Court for the Northern District of Mississippi (the “District Court”) against the Defendant in the amount of $149,446.35, plus interest thereon. (District Court Case No. 1:07-CV-306). If collateral estoppel applies, further hearing on the merits is unnecessary as the debts would be nondischargeable under § 523(a)(6). Hence, the trial was bifurcated to first allow presentation of evidence related to the collateral estoppel issue, and the Court restricted the parties’ initial presentation of evidence to that issue.2 For the reasons set forth below, the Court finds that collateral estoppel does apply, and the Plaintiff is entitled to a judgment of nondischargeability under 11 U.S.C. § 523(a)(6).

I. FINDINGS OF FACT3

Prior to the litigation, the parties had a business relationship where Defendant performed repairs and service on several pieces of machinery and equipment owned by the Plaintiff. Sometime prior to or around 2007, the business relationship between the parties deteriorated and was eventually terminated. The Plaintiff contends that near the end of the business relationship, Defendant converted five items of equipment belonging to the Plaintiff.4 The Defendant denies the Plaintiffs allegations and asserts that to the extent he retained any of Plaintiffs property, it was essentially a setoff due to Plaintiffs wrongful refusal to pay him for services rendered.

On November 29, 2007, Plaintiff filed suit against Defendant and Blake Equipment Sales, LLC (“BES”) in the District Court alleging conversion of Plaintiffs property (the “District Court Case”). Defendant retained counsel who remained as counsel of record for the duration of the District Court Case.

Defendant filed a Rule 12(b) Motion to Dismiss (the “Motion to Dismiss”) (Ex. P-1C) on February 28, 2008, alleging that the District Court lacked subject matter jurisdiction to hear the suit.5 Defendant also filed a brief in support of the Motion to Dismiss. (Ex. P-1D). Plaintiff filed a file-[355]*355sponse to Defendants’ Rule 12(b) Motion to Dismiss (Ex. P-1H) on April 9, 2008. The District Court entered an order denying the Motion to Dismiss on June 7, 2008. (Ex. P-11). Thereafter, on July 22, 2008, Defendant filed Motion for Time to Respond to Complaint (Ex. P-1J), which was granted by the District Court on July 25, 2008 (Ex. P-1K). Pursuant to that order, the Defendant was given until August 14, 2008 to respond to the Plaintiffs Complaint (the “District Court Complaint”). The Defendant filed no further response to the Complaint.

On September 18, 2008, during the pen-dency of the District Court Case, the Defendant filed a voluntary petition for relief pursuant to Chapter 7 of Title 11 of the United States Code (the “Bankruptcy Code”) in this Court. (Bankr. Dkt. # l).6 On September 22, 2008, the Defendant filed a Motion to Stay Proceedings in the District Court Case (Ex. P-1L), asserting that pursuant to § 362, any further proceedings in the District Court Case were stayed pending the outcome of the Defendant’s bankruptcy case. The Motion to Stay Proceedings was granted by order of the District Court on September 26, 2008 (Ex. P-1Q).

Around that same time, on September 23, 2008, counsel for the Defendant filed a Motion to Withdraw as Counsel for BES (but not Defendant). (Ex. P-1M). On September 25, 2008, the District Court entered an order denying the Motion to Withdraw as Counsel. The District Court made explicitly clear in its order that it would only allow counsel to withdraw in three circumstances: (1) when the rules of professional responsibility make it untenable for the attorney to continue; (2) when substitute counsel has been obtained by a party; and (3) when a party make clear an unequivocal and intelligent decision to proceed pro se. The Court found that none of the three circumstances applied, and that accordingly the Motion to Withdraw was not well-taken, and counsel was not excused from representing BES. (Ex. P-1P).

In March 2009, Plaintiff filed a Motion to Lift Automatic Stay (the “Motion to Lift Stay”) (Bankr. Dkt. # 42) and a Motion for Extension of Deadline for Filing of Complaint to Determine Dischargeability (the “Motion for Extension”) (Bankr. Dkt. # 47) in the Defendant’s bankruptcy case. The Motion to Lift Stay asserted that the result in the District Court Case could resolve the dischargeability issue in this Court. Accordingly, Plaintiff requested that the automatic stay be lifted for the purpose of proceeding with the District Court Case to reduce that action to judgment. (Bankr. Dkt. # 42). Similarly, the Motion for Extension requested that if the Motion to Lift were granted, that the Plaintiff also be given until thirty days after any District Court judgment became non-appealable to file a complaint to determine dischargeability of certain debts in this Court. (Bankr. Dkt. # 47).7 Both the Motion to Lift Stay and the Motion for Extension were granted by order of this Court on June 18, 2009 (Bankr. Dkt. # 114).

The automatic stay having been lifted by this Court, the parties proceeded with the District Court Case. (Ex. P-1S). Defendant failed to file an answer to the District Court Complaint. Evidence submitted to this Court without objection establishes [356]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Midwest Feeders, Inc. v. Bank of Franklin
114 F. Supp. 3d 419 (S.D. Mississippi, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
516 B.R. 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/custom-recycling-services-inc-v-blake-in-re-blake-msnb-2014.