Flint v. West Virginia State Tax Department (In re Flint)

557 B.R. 461
United States Bankruptcy Court, N.D. West Virginia·Decided September 12, 2016·No. Case No. 15-bk-0051; Adversary No. 16-ap-0015·Published·Cited by 5 cases

Opinion

MEMORANDUM OPINION

Patrick M. Flatley, United States Bankruptcy Judge

Walter Flint (the “Debtor”) filed this adversary proceeding against the West Virginia State Tax Department (“WV Tax”) alleging violations of the Bankruptcy Code’s discharge injunction set forth in 11 U.S.C. § 524(a)(2) and seeking damages stemming from that alleged violation.

The Defendant seeks summary judgment in its favor because it asserts that the Plaintiff failed to satisfy his burden by clear and convincing evidence that the Defendant’s actions amount to a violation of the discharge injunction. It also alleges that the discharge injunction is enforceable through contempt proceedings such that damages are not appropriate. In response, the Plaintiff argues that it has satisfied, its burden and requests that the court enter summary judgment in his favor.

For the reasons stated herein, the court will grant summary judgment to the Plaintiff and deny summary judgment to the Defendant.

I. STANDARD OF REVIEW

Federal Rule of Civil Procedure 56, made applicable by Federal Rule of Bankruptcy Procedure 7056, provides that summary judgment is only appropriate if the movant demonstrates “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A party seeking summary judgment must make a prima facie case by showing: first, the apparent absence of any genuine dispute of material fact; and second, the mov-ant’s entitlement to judgment as a matter of law on the basis of undisputed facts. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

The movant bears the .burden of proof to establish that there is no genuine dispute of material fact. Celotex Corp v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Showing an absence of any genuine dispute as to any material fact satisfies this burden. Id. at 323, 106 S.Ct. 2548. Material facts are those necessary to establish the elements of tfie cause of action. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. Thus, the existence of a factual dispute is material — -thereby precluding summary judgment — only if the disputed fact is determinative of the outcome under applicable law. Shaw v. Stroud, 13 F.3d 791, 798 (4th Cir.1994). “Disposition by summary judgment is appropriate ... where the record as a whole could not lead a rational trier of fact to find for the non-movant.” Williams v. Griffin, 952 F.2d 820, 823 (4th Cir.1991) (citation omitted); see also Anderson, 477 U.S. at 248, 106 S.Ct. 2505.

If the moving party satisfies this burden, the nonmoving party must set forth specific facts that demonstrate the existence of a genuine dispute of fact for trial. Celotex Corp., 477 U.S. at 322-23, 106 [464] S.Ct. 2548. The court is required to view the facts and draw reasonable inferences in the light most favorable to the nonmov-ing party. Shaw, 18 F.3d at 798. However, the court’s role is not “to weigh the evidence and determine the truth of the matter [but to] determine whether there is a need for a trial.” Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505. Nor should the court make credibility determinations. Sosebee v. Murphy, 797 F.2d 179, 182 (4th Cir.1986). If no genuine issue of material fact exists, the court has a duty to prevent claims and defenses not supported in fact from proceeding to trial. Celotex Corp., 477 U.S. at 317, 106 S.Ct. 2548.

II. BACKGROUND

The material facts in this case are undisputed. On January 23, 2015, the Plaintiff filed a joint petition for bankruptcy protection, along with Donna Flint. On Schedule E, he listed personal income tax debt that he and his ex-spouse, Cynthia Murray, owed to the Defendant. On March 3, 2015, the Defendant filed Proof of Claim #13 asserting a secured claim of $33,122.25 for tax years 2002 to 2010 and an unsecured claim of $35,400 for tax years 2011 to 2013.1 The Defendant later amended its proof of claim to reduce its unsecured claim to $9,983.75. The secured claim remained unchanged. On July 14, 2015, the Plaintiff and his spouse received their discharge. The Plaintiffs personal liability to WV Tax for tax years 2002 to 2010 were discharged at that time. On July 16, 2015, the Defendant was served with notice of the discharge. The Plaintiffs bankruptcy case closed on July 28, 2015.

On November 11, 2015, the Defendant mailed a Statement of Account (the “Statement”) to the Plaintiff. The Statement provides

The State of West Virginia hereby notifies you of tax, estimated taxes, interest and penalties due as stated on this notice. This is not a Notice of Assessment of Tax. Please refer to the reverse side of this notice for a further explanation of this liability. Payment must be made on or before the Pay By Date or additional penalties will continue to accrue.

The reverse side of the notice states the following

In compliance with the provisions of W. Va. Code § 11-10-12, as amended, notice and certification are hereby given that the taxpayer(s) named on the reverse side is indebted to the West Virginia State Tax Department for accrued taxes, interest, additions to tax, and penalties as hereinafter set forth. The taxes, interest, additions to tax and penalties shown on the reverse side of this notice are unpaid and constitute a lien upon all property of the taxpayer.

The Statement also includes a provision authorizing and commanding officers of the State of West Virginia to levy upon as much property of the taxpayer as possible, up to the amount of the outstanding debt. Additionally, the Statement includes a payment voucher and payment instructions. The Statement is entirely devoid of references to the Plaintiffs bankruptcy discharge. In response to the first Statement, the Plaintiff contacted his attorney, who in turn contacted the Defendant. WV Tax indicated that the Statements are not bills, but rather statements that liens exist against the Plaintiff and that the Statements would continue to be issued. In fact, the Defendant issued a second Statement, identical to the first but for an increase in [465] the amount due, after the initial discussion between the Defendant and the Plaintiffs counsel. In response, the Plaintiff requested that the court reopen his bankruptcy case, which the court reopened on February 12, 2016, and he filed this adversary proceeding against the Defendant.

III. DISCUSSION

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Flint v. West Virginia State Tax Department (In re Flint), 557 B.R. 461 (W. Va. 2016).

557 B.R. 461 (Flint v. West Virginia State Tax Department (In re Flint)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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