Gladys Ragsdale Trust v. Tostige (In re Tostige)

537 B.R. 847
CourtUnited States Bankruptcy Court, E.D. Michigan
DecidedSeptember 15, 2015
DocketCase No. 13-49101; Adv. Pro. No. 13-4853
StatusPublished

This text of 537 B.R. 847 (Gladys Ragsdale Trust v. Tostige (In re Tostige)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gladys Ragsdale Trust v. Tostige (In re Tostige), 537 B.R. 847 (Mich. 2015).

Opinion

OPINION REGARDING THE UNRESOLVED PORTIONS OF THE PENDING CROSS-MOTIONS FOR SUMMARY JUDGMENT, AND REGARDING DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S SUMMARY JUDGMENT MOTION

Thomas J. Tucker, United States Bankruptcy Judge

I. Introduction

The Plaintiff in this adversary proceeding is a revocable trust created by the settlor, Gladys Ragsdale, in early 2007 (“Plaintiff’ or “the Plaintiff Trust”). Defendant Valerie Jean Tostige (“Defendant”) is the daughter of Gladys Ragsdale, and is one of the beneficiaries of the Trust.1 Several months before the Trust [849]*849was created, in August 2006, Gladys Rags-dale loaned Defendant a total of $40,118.00 (the “Loan”), which was to be repaid with interest at a specified rate. On May 1, 2013, the Plaintiff Trust filed suit in the Wayne County, Michigan Probate Court (the “State Court”) and obtained a default judgment for $62,677.00 against Defendant, for Defendant’s failure to repay the Loan (the “State Court Judgment”).2 Defendant filed her Chapter 7 bankruptcy case the next day on May 2, 2013. Later, on June 8, 2014, Gladys Ragsdale died, without having revoked the Trust, so the Trust became irrevocable.

The Trust filed this adversary proceeding, seeking, first, a determination that Defendant’s debt to the Trust was nondis-chargeable under 11 U.S.C. § 523(a)(2). This Court rejected that claim. In an earlier order granting partial summary judgment in this case, the Court ruled that any debt owed by Defendant to the Plaintiff Trust was discharged by the Chapter 7 discharge that Defendant obtained on March 24, 2014.

A second claim remains unresolved,- related to the fact that Defendant is a beneficiary of the Trust. The Plaintiff Trust seeks a declaratory judgment, declaring that it has a right of recoupment and/or setoff against any debt it owes to Defendant (e.g., for distributions), of Defendant’s debt to the Trust, which right survives the bankruptcy discharge. Defendant contests such claim, for several reasons. Each side seeks summary judgment.

For the reasons stated in this opinion, the Court will grant Plaintiffs motion for summary judgment, but only in part, and otherwise deny it, and deny Defendant’s motion for summary judgment. The Court also will deny a motion filed by Defendant to strike Plaintiffs summary judgment motion. In this ruling, the Court decides the bankruptcy law-related issues that it can,- but abstains from deciding several state law issues, leaving the parties to litigate those issues in the State Court.

II. Course of proceedings

This adversary proceeding came before the Court for two lengthy hearings, regarding three motions: (1) Plaintiffs motion for summary judgment (Docket # 99); (2) Defendant’s motion for summary judgment (Docket # 100)(collectively, the “Summary Judgment Motions”); and (3) Defendant’s motion to strike, etc. (Docket # 117). The Court ruled on the Summary Judgment Motions, in part, in a bench opinion given during the hearing held on January 21, 2015 (the “January 21 bench opinion”). The Court’s partial ruling was in favor of Defendant on the nondischarge-ability issue; the Court ruled that any pre-petition debt Defendant owed to Plaintiff was discharged in Defendant’s pending-Chapter 7 bankruptcy case. (See Order, filed January 22, 2015 (Docket # 137 at 2, ¶¶ 2-4)).

The Court then ordered further proceedings on the Summary Judgment Motions, with respect to the unresolved portions of the those motions. Those unresolved portions of the motions (the “unresolved issues”) concern the unresolved portion of Plaintiffs Complaint, which seeks a declaratory judgment. Beginning with the Order filed on January 22, 2015 (Docket # 138), the Court ordered further briefing, and held a further hearing, on the unresolved issues.

III. Discussion

The Court makes the following findings and conclusions that are relevant to the [850]*850pending motions. There is no genuine dispute regarding the facts that are material to the rulings the Court makes today.

1. The Court has subject matter jurisdiction over this adversary proceeding and all of Plaintiffs claims in this adversary proceeding. All of Plaintiffs claims in this adversary proceeding are core proceedings. These conclusions are made for the reasons stated by the Court in its January 21, 2015 bench opinion, which are incorporated into this opinion by reference. In addition, the Court has subject matter jurisdiction to decide Plaintiffs claim seeking the declaratory judgment, and that claim is a core proceeding, because the setoff-related issues that the Court decides today make this a core proceeding under 28 U.S.C. § 157(b)(2)(0). In addition, this proceeding falls within the definition of a proceeding “arising under title 11” and of a proceeding “arising in” a case under title 11, within the meaning of 28 U.S.C. § .1334(b). Matters falling within either of these categories in § 1334(b) are deemed to be core proceedings. See Allard v. Coenen (In re Trans-Industries, Inc.), 419 B.R. 21, 27 (Bankr.E.D.Mich.2009). This is a proceeding “arising under title 11” because it is “created or determined by a statutory provision of title 11,” see id. namely Bankruptcy Code § 553. And this is a proceeding “arising in” a case under title 11, because it is a proceeding that “by [its] very nature, could arise only in bankruptcy cases.” See Allard v. Coenen, 419 B.R. at 27.

2. Even if, and to the extent, Plaintiffs claim for a declaratory judgment was not a core proceeding, the Court would have “related to” subject matter jurisdiction at a minimum, under 28 U.S.C. § 1334(b), and Plaintiffs claim would be subject to the parties’ right of consent under 28 U.S.C. § 157(c)(2). Both parties have expressly, knowingly, and voluntarily consented to this bankruptcy court entering a final order or judgment in this adversary proceeding, as permitted by § 157(c)(2).. (See Report of Parties’ Rule 26(f) Conference, filed September 25, 2013 (Docket # 13), at 3, ¶ 3(g).) Thus, even if Plaintiffs declaratory judgment claim were a non-core proceeding, this bankruptcy court has statutory and constitutional authority to enter a final judgment on such claim. See 11 U.S.C. § 157(c)(2); Fed.R.Bankr.P. 7012(b); see generally Wellness Int’l Network, Ltd. v. Sharif, — U.S. —, 135 S.Ct. 1932, 191 L.Ed.2d 911 (2015).

3. In ruling on the unresolved issues, the Court is applying all of the applicable principles that govern motions for summary judgment. The Court described those principles in its January 21, 2015 bench opinion, and incorporates that discussion into this opinion now, by reference.

4.

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Cite This Page — Counsel Stack

Bluebook (online)
537 B.R. 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gladys-ragsdale-trust-v-tostige-in-re-tostige-mieb-2015.