First Bank & Trust Co. v. Reynolds (In re Reynolds)

562 B.R. 497
CourtUnited States Bankruptcy Court, E.D. Oklahoma
DecidedDecember 1, 2016
DocketCase No. 14-80966-TRC; Adv. Case No. 15-08008-TRC
StatusPublished

This text of 562 B.R. 497 (First Bank & Trust Co. v. Reynolds (In re Reynolds)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Bank & Trust Co. v. Reynolds (In re Reynolds), 562 B.R. 497 (Okla. 2016).

Opinion

OPINION

TOM R. CORNISH, UNITED STATES BANKRUPTCY JUDGE

Plaintiff First Bank and Trust Co. seeks to deny Defendant Debtor Ondre Reyn[502]*502olds’ discharge pursuant to 11 U.S.C. § 727(a)(2), (4), (5) and (6). In the alternative, Plaintiff seeks to except debt from discharge pursuant to 11 U.S.C. § 523(a)(2) and (6), Plaintiff alleges that Debtor misrepresented possession of collateral, failed to adequately protect collateral, made false statements in his bankruptcy schedules, and withheld relevant financial information to First Bank’s detriment. Defendant Debtor denies any misrepresentation and claims that First Bank’s agents were well aware of his financial situation and the status of its collateral. Based upon the facts and applicable case law, the Court finds in favor of Defendant.

Jurisdiction

This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b), and may hear this case pursuant to 28 U.S.C. § 157(b)(2)(I) and (J). Venue is proper pursuant to 28 U.S.C. § 1408.

Findings of Fact

The parties have stipulated to the following facts as set forth in the Pre-Trial Order:

1. Plaintiff is an Oklahoma banking institution which is federally chartered. Its principal office is located in Duncan, Oklahoma (hereinafter “First Bank”).
2. The Defendant is a debtor who filed a voluntary Petition under Chapter 13 of the Bankruptcy Code in the Eastern District of Oklahoma on August 18, 2014, and converted to a Chapter 7 on April 8, 2015. (Defendant is hereinafter referred to as “Reynolds”).
3. Reynolds executed a Promissory Note dated May 1, 2013, for the principal sum of $40,027.91, being Promissory Note No. 4303180.
4. Reynolds executed a Commercial Security Agreement dated May 1, 2013, pledging as collateral a 2007 Great Dane Reefer trailer and 2004 Freightliner Columbia to secure Promissory Note No. 4303180.
5. Reynolds executed a Promissory Note dated December 3, 2013 for the principal sum of $4,196.00, being Promissory Note No. 4303287.
6. Reynolds executed a Commercial Security Agreement dated December 3, 2013, pledging as collateral a 2007 Great Dane Reefer Trailer.
7. Reynolds executed a Promissory Note dated December 12, 2013 for the principal sum of $37,922.00, being Promissory Note No. 4303386.
8. Reynolds executed a Commercial Security Agreement dated December 12, 2013, pledging as collateral a 2008 Prostar Premium.
9. Reynolds filed a Chapter 13 Bankruptcy Petition on August 18, 2014 and listed the 2007 Great Dane Trailer and 2008 Prostar Premium among his assets.
10. Reynolds filed a voluntary conversion April 8, 2015 and filed his summary of assets and liabilities on April 22, 2015 and listed the 2007 Great Dane Trailer and 2008 Prostar Premium among his assets.

In addition to these stipulated facts, this Court makes the following findings of fact:

11. At the time he filed bankruptcy, Reynolds was the owner-operator of a cross-country trucking business. He operated this business as DOD Reynolds, LLC, with himself as the sole shareholder.
12. Reynolds began a business relationship with First Bank in 2013. First Bank loaned him $25,000 to purchase a used 2007 Great Dane Reefer trailer, a refrigerated trailer. His loan officer at First Bank was Richard Geurin (“Geurin”). At that time, Reynolds owned a 2004 Freightliner Columbia free and clear.
[503]*50313. In April of 2013, the 2004 Freightliner broke down in Colorado. Due to its age and previous repairs, Reynolds determined that it was not worth repairing. He called Geurin to inform him of this.
14. Since the 2004 Freightliner was no longer operable, Reynolds purchased a Peterbilt truck for $33,000, sometime in May of 2013. The purchase was financed by an unrelated entity, Sun Trust Bank.
15. In May of 2013, First Bank refinanced Reynold’s original loan and loaned Reynolds an additional $15,000 in operating capital. It entered into a promissory note for $40,027.91, which included the $25,000 Reynolds owed for the 2007 Great Dane Reefer trailer as well as the additional $15,000. First Bank and Reynolds entered into two Commercial Security Agreements in which Reynolds and DOD Reynolds, LLC pledged collateral for the note. One security agreement listed the 2007 Great Dane Reefer trailer “previously pledged & filed”, and the other pledged the 2004 Freightliner which Reynolds already owned but which Reynolds had decided not to repair. Reynolds did not question how the loans were secured.
16. Reynolds damaged the 2007 Great Dane Reefer trailer while working in Indiana in October of 2013. He had to leave the trailer at Great Dane Trailers of Indianapolis for repairs, which were estimated to take 60 to 90 days to complete. The repairs totaled $13,267.55. Great Dane Trailers told Reynolds it would work with him regarding paying off the repair bill.
17. Reynolds made a claim on his insurance policy for the 2007 Great Dane Reefer trailer and notified Geurin or his assistant of the damage to the trailer. Insurance proceeds of $12,479.08 were made payable in a check to Reynolds and First Bank. Reynolds presented the check to Geurin’s assistant. Reynolds deposited $7,901.25 of the proceeds into his business account at First Bank, and used some of those funds to lease another trailer to replace the damaged trailer. A portion of the funds totaling $3,782.58 was used to pay off a loan with First Bank, and the remainder was used to make Reynold’s November loan payment to First Bank.
18. On November 23, 2013, Reynolds was involved in a multiple vehicle crash on an icy interstate highway near Vega, Texas. The crash resulted in the deaths of 3 people. Reynolds was not at fault, but his 2007 Peterbilt truck and leased trailer were impounded for investigation. The Peterbilt was a total loss but the trailer was undamaged. Reynolds’ debt on the Peterbilt was paid off by insurance.
19. As a result of the Texas accident and impoundment of his vehicles, Reynolds was unable to work for approximately 60 days. Reynolds notified Geurin of the accident. First Bank made two additional loans to Reynolds to help him stay in business. Geurin was the loan officer on each of these loans. The first was on December 3, 2013 for $4,196, secured by the 2007 Great Dane Reefer trailer, which was being repaired in Indiana at that time. The second was made on December 12, 2013 for $37,900. This loan was used to purchase a 2008 Prostar Tractor truck.
20. Each of Reynold’s security agreements with First Bank were cross-collater-alized.

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562 B.R. 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-bank-trust-co-v-reynolds-in-re-reynolds-okeb-2016.