Daniels v. Agin

482 B.R. 1, 2012 WL 4572171, 110 A.F.T.R.2d (RIA) 6283, 2012 U.S. Dist. LEXIS 141453
CourtDistrict Court, D. Massachusetts
DecidedSeptember 30, 2012
DocketCivil Action No. 11-11688-DJC
StatusPublished
Cited by2 cases

This text of 482 B.R. 1 (Daniels v. Agin) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniels v. Agin, 482 B.R. 1, 2012 WL 4572171, 110 A.F.T.R.2d (RIA) 6283, 2012 U.S. Dist. LEXIS 141453 (D. Mass. 2012).

Opinion

MEMORANDUM OF DECISION

CASPER, District Judge.

I. Introduction

Debtor/Appellant William M. Daniels (“Daniels”) now appeals three orders of the bankruptcy court allowing the various [4]*4motions of Trustee/Appellee Warren E. Agin, duly appointed Chapter 7 trustee of the estate of William M. Daniels (the “Trustee”), and William K. Harrington, the U.S. Trustee. In the first of these appeals, Daniels appeals the granting of summary judgment to the Trustee (and its subsequent denial of his motion to reconsider and stay that order and his motion to amend the discovery plan) on its turnover motion on the grounds that: 1) the bankruptcy court erred in ruling that his profit sharing plan was not exempt from the bankruptcy estate, particularly in light of an allegedly favorable determination of same by the Internal Revenue Service (“IRS”); 2) the bankruptcy court erred in finding that the individual retirement accounts (“IRAs”), created entirely with proceeds from the non-exempt profit sharing plan, were properly considered part of the bankruptcy estate; and 3) the bankruptcy court’s finding that Daniels had failed to disclose and did conceal the two IRAs was clearly erroneous. In the second of his appeals, Daniels appeals the bankruptcy court’s denial of his motion under Fed. R.Civ.P. 60(b) for relief from the summary judgment ruling. In support of this appeal, Daniels contends that his counsel’s role in filing his bankruptcy schedules and motions, not his own actions, lead to the nondisclosure of the IRAs and such information amounted to both excusable neglect and newly discovered evidence and the bankruptcy court erred in denying him relief under Fed.R.Civ.P. 60(b). Finally, in his third appeal, Daniels appeals the bankruptcy court’s revocation of the discharge of his debts. The three appeals have now been consolidated before this Court and the parties have submitted extensive briefing regarding each of the issues raised in the appeals. Since this Court concludes that the bankruptcy court did not err in its rulings of law and its findings of fact were not clearly erroneous for the reasons stated below, each of the rulings below in each of the three appeals is AFFIRMED and this (consolidated) matter is DISMISSED.

II. Factual Background

A. Pre-Bankruptcy Filing

Daniels is a broker of commercial fishing boats. In re Daniels (Agin v. Daniels), 452 B.R. 335, 340 (Bankr.D.Mass.2011) (“Daniels I”). In or about 1988, Daniels purchased a prototype pension plan from Massachusetts Mutual Life Insurance Company (“MassMutual”) and tailored such plan to create the “William M. Daniels ProfiWSharing Plan” (the “Profit Sharing Plan”). Id. Daniels appointed himself as the Trustee, Administrator and employer of the Profit Sharing Plan, and has at all times been the sole participant of the Profit Sharing Plan. Id. He manages the Profit Sharing Plan’s brokerage account, writes checks from the account and deposits checks in the account. Id.

At various times, Daniels received “favorable determination letters” from Mass-Mutual through the IRS regarding the prototype plan stating that the “form of the plan ... is acceptable under section 401 of the Internal Revenue Code for use by employers for the benefit of their employees.” Id. (citation omitted). Each letter included a qualification that “[The IRS] opinion is not a ruling or determination as to whether an employer’s plan qualifies under [Internal Revenue Code] section 401(a). An employer who adopts this plan will be considered to have a plan qualified under Code section 401(a) provided all the terms of the plan are followed and the eligibility requirements and contribution or benefit provisions are not more favorable for officers, owners, or highly compensation [sic] employees than for other employees.” Id. (citation omitted). MassMutual [5]*5made no further determination, ruling or representation about the Profit Sharing Plan. Id.

During the life of the Profit Sharing Plan, Daniels engaged in a number of transactions with family members and associates that resulted in deposits to and withdrawals from the plan’s brokerage account. Id. Through the Walker Realty Trust (“Realty Trust”), established by Daniels, he bought, developed and leased and sold real estate. Id. Pursuant to a Declaration of Trust for the Realty Trust, dated January 15,1986, Daniels’s wife was named the sole holder of the entire beneficial interest in the Realty Trust and Daniels as the sole trustee of the Realty Trust. Id. at 6. In or about December 1988, Debt- or’s wife assigned her beneficial interest in the Realty Trust to the Profit Sharing Plan. Id. at 340-41. Daniels often used funds from the Profit Sharing Plan’s brokerage account to pay real estate taxes and other costs associated with the properties held by the Realty Trust or deposited rent checks or other income from the real estate held by the Realty Trust directly into the Profit Sharing Plan’s account. Id. at 341. He also borrowed money from a different trust of his wife’s to pay for property purchased by the Realty Trust. Id. For ten years, Daniels’s son and daughter-in-law leased property held and developed by the Realty Trust, made rental payments directly to Daniels as trustee, and subsequently purchased the property from the Realty Trust. Id. Daniels also engaged the Profit Sharing Plan in transactions with the daughter of Tom Florence, a person who has provided services to the Profit Sharing Plan by managing property owned by the Realty Trust. Id. at 342. In or about 1996, Daniels invested both his personal funds and funds from the Profit Sharing Plan in a business venture, B.I.T.C.O. Id.

Also in 1996, Daniels deposited money from the estate of his late uncle, Maurice Lopes into the Profit Sharing Plan. Id. On or about February 11, 1998, the executrix of the Estate of Maurice H. Lopes (“Executrix”) filed suit against both Daniels and his wife in the Probate and Family Court for Barnstable County. Id. The Executrix alleged, inter alia, that Debtor had wrongfully taken funds from the bank accounts of his uncle, Mr. Lopes, within days after his death and used such funds for the Daniels’s own personal needs. Id. On July 8, 1999, the Probate and Family Court entered judgment in the amount of $238,538.16, in favor of the Executrix and against Daniels and his wife. Id. In 2003, the Massachusetts Appeals Court affirmed the judgment against Daniels and reversed it with respect to his wife. Id. at 342-43.

In or about February 2007, approximately six months prior to filing for bankruptcy protection, Daniels transferred funds totaling $469,894 out of the Profit Sharing Plan into two IRAs. Id. at 343. These IRAs were funded exclusively from the Profit Sharing Plan and owned by Daniels individually. Id.

B. Bankruptcy Filings and Proceedings

On August 8, 2007, the Debtor filed a petition for bankruptcy under Chapter 13. Id. at 10. Daniels filed his schedules of assets and liabilities and statement of financial affairs (the “Schedules”) shortly thereafter with total assets valued at $1,280,314. Id.

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Bluebook (online)
482 B.R. 1, 2012 WL 4572171, 110 A.F.T.R.2d (RIA) 6283, 2012 U.S. Dist. LEXIS 141453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-agin-mad-2012.