D'Angelo v. J.P. Morgan Chase Bank, N.A. (In re D'Angelo)

505 B.R. 650
Procedural entryThis page is a short order in D'Angelo v. J.P. Morgan Chase Bank, N.A. (In re D'Angelo). Read the opinion of the Court — 475 B.R. 424
United States Bankruptcy Court, E.D. Pennsylvania·Decided February 21, 2014·No. Bankruptcy No. 11-14926-MDC; Adversary No. 12-00301-MDC·Published

Opinion

MEMORANDUM

MAGDELINE D. COLEMAN, Bankruptcy Judge.

INTRODUCTION

Before this Court for adjudication is the Motion to Dismiss Second Amended Adversary Complaint and for Abstention dated June 3, 2013 (the “Motion”), filed by J.P. Morgan Chase Bank, N.A. (“Defendant” or “J.P. Morgan”) that requests this Court to dismiss the Second Amended Complaint dated May 17, 2013 (the “Amended Complaint”), filed by the Debtors, James A. D’Angelo, Sr. and Carolyn M. D’Angelo (the “Plaintiffs” or “D’Ange-los”). On July 2, 2013, after appropriate notice, this Court held a hearing to address the Motion. At the close of the hearing, this Court dismissed the claims asserted by Counts One through Eight1 of the Amended Complaint and took the sufficiency of the claim asserted by Count Nine under advisement. In Count Nine, the Plaintiffs seek to avoid as a preferential transfer pursuant to 11 U.S.C. § 547(b) an equitable lien in favor of J.P. Morgan in the amount of $1,339,387.30 (the “Equitable Lien”) against the Plaintiffs’ residence located at 102 Pickwick Drive, Doylestown, Pennsylvania (the “Property”) imposed by an Order dated April 11, 2011 (the “Lien Order”), entered by the Bucks County Court of Common Pleas (“Bucks County Court”). After consideration of the pleadings and the parties’ arguments at the hearing, the Court now finds that the claim asserted by Count Nine to be implausible and will therefore dismiss the Amended Complaint in its entirety.

BACKGROUND

The Defendant requests this Court dismiss all counts asserted in the Amended Complaint or, in the alternative, abstain from hearing the matters raised by the Amended Complaint in favor of adjudication by currently pending state court proceedings. This adversary is the third of four adversary proceedings commenced by the Debtors against J.P. Morgan. Four separate written opinions rendered in both this Court and the District Court have been issued addressing the sufficiency of the Plaintiffs’ claims.

• D’Angelo v. J.P. Morgan Chase Bank, N.A. (In re D'Angelo), Adv. No. 11-744, 2012 WL 27541 (Bankr.E.D.Pa. Jan. 5, 2012) (Bankruptcy Court opinion imposing sanctions for Debtors’ unreasonable removal of state court action (the “State Court Action”) (the “Sanctions Memorandum”)).
[652] • D’Angelo v. J.P. Morgan Chase Bank, N.A. (In re D'Angelo), 475 B.R. 424 (Bankr.E.D.Pa.2012) (Bankruptcy Court opinion granting J.P. Morgan’s first dismissal motion) (the “Dismissal Memorandum”).
In re D'Angelo, 479 B.R. 649 (E.D.Pa.2012) (District Court opinion affirming award of sanctions) (the “District Court Sanctions Memorandum”).
In re D'Angelo, 491 B.R. 395 (E.D.Pa.2013) (District Court opinion affirming Bankruptcy Court’s order granting J.P. Morgan’s first dismissal motion) (the “District Court Dismissal Memorandum”).

The first adversary proceeding, Adv. No. 11-744 (the “First Adversary”), was commenced on September 1, 2011, when the Debtors filed a Notice of Removal attempting to remove the State Court Proceedings to this Court. On January 4, 2012, the First Adversary was dismissed by this Court upon its finding that the Debtors lacked a colorable basis for removal. The Plaintiffs appealed this decision and this Court’s determination was upheld by the District Court in the District Court Sanctions Memorandum.2

The second adversary proceeding, Adv. No. 12-211, was commenced on February 12, 2012 (the “Second Adversary”). On April 3, 2012, the Second Adversary was dismissed without prejudice because the employment of David Scholl, the attorney who initiated this proceeding, had not been previously approved by this Court and therefore lacked the authority to file a complaint on behalf of the Plaintiffs.

The third and instant adversary proceeding, Adv. No. 12-301, was commenced on April 9, 2012 (the “Third Adversary”). Shortly thereafter, on April 15, 2012, the Plaintiffs filed a Motion for a Preliminary Injunction (the “Injunction Motion”) requesting this Court stay a sheriffs sale scheduled for June 8, 2012. On May 8, 2012, this Court held an evidentiary hearing to address the Injunction Motion. At the close of this hearing, this Court took the matter under advisement. Prior to this Court ruling on the Injunction Motion, the Court of Common Pleas granted the Plaintiffs’ concurrent request to that court for a stay of the June 8 sheriffs sale.

On May 7, 2012, J.P. Morgan filed its first motion to dismiss, the Motion to Dismiss Adversary Proceeding or, Alternatively, Abstention dated May 7, 2012, seeking dismissal of the Plaintiffs’ claims asserted in the Third Adversary (the “First Dismissal Motion”). On June 5, 2012, this Court held a hearing to address the First Dismissal Motion. At the close of the hearing, the Court issued an oral ruling granting the First Dismissal Motion. This Court in its Dismissal Memorandum later summarized its reasons by stating:

At the close of the Dismissal Hearing, this Court advised the parties that it would grant J.P. Morgan’s Dismissal Motion for several reasons. First, the Amended Complaint failed to comply with the pleading requirements set forth by the U.S. Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 [127 S.Ct. 1955, 167 L.Ed.2d 929] (2007) and Ashcroft v. Iqbal [556 U.S. 662], 129 S.Ct. 1937 [173 L.Ed.2d 868] (2009), and [653] contained only eonclusory statements. Second, this Court found that even if the Amended Complaint was properly pled, the Debtors had failed to state a legal basis upon which they could avoid the Equitable Lien. Third, the relief sought by the Debtors including “invalidation” of the Mortgage and Equitable Lien, were not remedies provided for under § 544 of the Code. In addition, the Court did not have the authority to “invalidate” the Equitable Lien as such a remedy was barred by the Rooker-Feld-man doctrine which precluded the Court from reviewing and/or overturning the state court judgment. Fourth, as for the Debtors’ claim to avoid the Mortgage, the exercise of permissive abstention was warranted given that the validity of the Mortgage is the subject in the State Court Proceedings which have remanded by this Court. Further, that exact issue has been litigated by the parties for more than five years, continues to be litigated, and involves several other defendants, none of whom are parties to the present action and do not appear to be subject to this Court’s jurisdiction. In addition, the Debtors sought and were granted approval by this Court to retain Mr. Gerace as special counsel in the State Court Proceedings. Finally, the Debtors would have the opportunity to seek avoidance of the Mortgage in this Court, if necessary, once the validity of the Mortgage has been decided.

Dismissal Memorandum, 475 B.R. at 430-31.

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D'Angelo v. J.P. Morgan Chase Bank, N.A. (In re D'Angelo), 505 B.R. 650 (Pa. 2014).

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