Gold v. Demeter (In re Demeter)

539 B.R. 760
CourtUnited States Bankruptcy Court, E.D. Michigan
DecidedOctober 20, 2015
DocketCase No. 12-44593; Adv. Pro. No. 12-5212; Adv. Pro. No. 12-5284
StatusPublished

This text of 539 B.R. 760 (Gold v. Demeter (In re Demeter)) 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
Gold v. Demeter (In re Demeter), 539 B.R. 760 (Mich. 2015).

Opinion

AMENDED TRIAL OPINION1

Thomas J. Tucker, United States Bankruptcy Judge

I. Introduction

The Court held a joint bench trial in these two adversary proceedings, followed by two. rounds of briefing filed after the close of evidence. The Court has considered all of the arguments of the parties; all of the exhibits admitted into evidence at trial, namely Stipulated Exhibit Nos. 1-10 and Debtor’s Exhibit B; and all of the testimony of the trial witnesses, namely Defendants Delores Ziole and Glory Demeter; and James Demeter. This opinion constitutes the Court’s findings of fact and conclusions of law regarding these two adversary proceedings.

The Plaintiff in each of these adversary proceedings, Stuart Gold, is the trustee in the Chapter 7 bankruptcy case of James L. Demeter and Glory L. Demeter, Case No. 12-44593. In Adv. No. 12-5212, Plaintiff Trustee seeks a judgment denying the Debtor Glory L. Demeter a discharge, based 11 U.S.C. § 727(a)(2)(A).2

In Adv. No. 12-5284, the Trustee’s First Amended Complaint3 contains four counts against Defendant Delores Ziole, who is the mother of the Debtor Glory Demeter. The Trustee describes those counts in the Final Pretrial Order in this way:

Plaintiff seeks a money judgment against the Debtor’s mother, Delores Ziole (the “Defendant”) on Count I and II of Plaintiffs complaint avoiding [762]*762and recovering certain cash transfers pursuant to 11 U.S.C. §§ 548(a), 544(b), 550(a)(1) and M.C.L. § 566.34(l)(a). Plaintiff also seeks a money judgment against the Defendant on Count III of Plaintiffs complaint for turnover of the value of the Debtor’s remaining inheritance interest in her late father[’s] estate pursuant to M.C.L. § 700.105 (1979) and 11 U.S.C. § 542(a). Finally, Plaintiff seeks a judgment on Count IV of Plaintiffs complaint, disallowing the Defendant’s proof of claim, if any, pursuant to 11 U.S.C. § 502(d). Counts I & II
Plaintiff seeks to avoid and recover two (2) transfers totaling $177,539.00 made on February 6, 2012, from two (2) bank accounts held jointly between the Debtor and Defendant to two (2) bank accounts held exclusively by Defendant (the “Transfers”). Prior to the Transfers, the cash balances in the bank accounts were comprised exclusively of the proceeds of liquidated Treasury Direct accounts held jointly by the Debtor and the Defendant. The Debtor and Defendant inherited the money used to initially fund the Treasury Direct Account from the Debtor’s late father who died intestate on December 6, 1989 (the “Decedent’s Estate”).
The Transfer[s were] made to an insider, within a month of filing for bankruptcy, for less than reasonably equivalent value, while the Debtor was insolvent. Further, the Transfers were made with actual intent to hinder, delay, or defraud the Debtor’s creditors and the Trustee by attempting to remove the cash balance to ... bank accounts that would not constitute property of the bankruptcy estate upon the Debtor’s bankruptcy filing.
Count III
Plaintiff seeks a money judgment for the value of the Debtor’s remaining inheritance intérest in the Decedent’s Estate. The Debtor has an interest by intestate succession in the portion of the Decedent’s Estate not used to fund the Treasury Direct Account pursuant to M.C.L. 700.105 (1979). The Plaintiff requests] this amount be deducted from the Defendant’s interest in the Transfers.
Count IV
Plaintiff seeks judgment disallowing the Defendant’s proof of claim, if any, against the bankruptcy estate because Defendant maintains possession of property that is recoverable from her by the Trustee pursuant to 11 U.S.C. §§ 542 & 550.4

For the reasons stated in this opinion, the Court will enter judgment for each of the Defendants in these adversary proceedings.

II. Jurisdiction

This Court has subject matter jurisdiction over each of these adversary proceedings under 28 U.S.C. §§ 1334(b), 157(a) and 157(b)(1), and Local Rule 83.50(a) (E.D.Mieh.). Adversary proceeding No. 12-5212 (Gold v. Demeter) is a core proceeding under 28 U.S.C. §§ 157(b)(2)(J). Adversary proceeding No. 12-5284 (Gold v. Ziole) is a core proceeding under 28 U.S.C. §§ 157(b)(2)(A), 157(b)(2)(E), 157(b)(2)(H), and 157(b)(2)(0).

III. Background and facts

Initially, the Court notes that each of the parties to these adversary proceedings have stipulated to the following facts, as stated in the final pretrial order entered in each adversary proceeding. The Court [763]*763now adopts and incorporates the following stipulated facts into its findings of fact and conclusions of law:

c. On February 28, 2012 (“petition date”), Glory Demeter (the “Defendant” and/or “Debtor”) and her husband James Demeter filed a voluntary joint petition under Chapter 7 of Title 11 of the United States Code.
d. Plaintiff Stuart A. Gold is the duly appointed Chapter 7 Trustee of the debtorsf] bankruptcy estate.
e. Delores Ziole (“Ziole”) is the debtor’s mother who resides at 13732 Cambridge Street, Apt. 302, South-gate, Michigan, located within this judicial district.
f. At all times relevant to this Complaint, Ziole is an insider of the Debt- or within the meaning of 11 U.S.C. § 101(31)(A)(i) and M.C.L. § 566.31(g).
g. Prior to the petition date, the Debtor’s name appeared jointly with Ziole on a Fifth Third Bank account, account number ending 6539 (“Fifth Third Account”) and a PNC Bank account, account number ending 6672 (“PNC Account”) (collectively, the “Accounts”).
h.

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Bluebook (online)
539 B.R. 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gold-v-demeter-in-re-demeter-mieb-2015.