Grochocinski v. Miller (In re Miller)

175 B.R. 969, 1994 Bankr. LEXIS 2185
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedMay 18, 1994
DocketBankruptcy Nos. 92 B 18943, 92 B 19473; Adv. No. 92 A 1295
StatusPublished

This text of 175 B.R. 969 (Grochocinski v. Miller (In re Miller)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grochocinski v. Miller (In re Miller), 175 B.R. 969, 1994 Bankr. LEXIS 2185 (Ill. 1994).

Opinion

[971]*971MEMORANDUM OPINION ON TRUSTEE’S MOTION FOR SUMMARY JUDGMENT AS TO COUNTS II AND III OF THE COMPLAINT

JOHN D. SCHWARTZ, Chief Judge.

This matter is before the court on the Trustee’s Motion for Summary Judgment (“Summary Judgment Motion”) in his favor on two counts of his second amended complaint (“Complaint”). Counts II and III of the Complaint seek to avoid certain ownership transfers made by Larry Miller (“Larry”) and Barbara Miller (“Barbara”) as being fraudulent. Larry and Barbara are two individual Debtors under two related Chapter 11 bankruptcy cases who are collectively referred to in the complaint as the “Millers.”

Counts II & III involve the following alleged transfers:

(1) Larry’s transfers on or about March 27, 1990 of:
(a) His entire beneficial interest in the “Vacant Lot Land Trust” and the “Home Land Trust” to Barbara.
(b) 49.9% of his 50% partnership interest in both the “700 Ogden Building Partnership” and the “Fox River Farms Partnership” to Barbara.
(c) .1% of his 50% partnership interest in both the “700 Ogden Building Partnership” and the “Fox River Farms Partnership” to his son, Eric Miller (“Eric”).

Collectively', these transfers are referred to in the Complaint as “Transfer # 1.”

(2) Barbara’s transfers on or. about August 2, 1990, of:
(a) Her entire beneficial interest in the Vacant Lot Land Trust and the Home Land Trust to the “Miller Children Trust.”
(b) Her 99.9% interest in the 700 Ogden Building Partnership and Fox River Farms Partnership to the Miller Children Trust.

Collectively, these transfers are referred to in the Complaint as “Transfer #2.”

The Trustee first seeks summary judgment in his favor on Count II of the Complaint. Count II seeks to avoid Transfers # 1 & # 2 pursuant to Bankruptcy Code section 544(b) and to recover from the Miller Children Trust all property or the value thereof transferred (collectively referred to as the “Property”) to the trust by virtue of the fraudulent conveyances along with the interest thereon from August 2, 1990. '

As a basis for avoidance and recovery, the Trustee alleges that:

(1) Transfers # 1 & # 2 were made with the actual intent to hinder, delay, or defraud any creditor of the Millers within the meaning of UFTA;1

(2) The Millers made Transfers # 1 & # 2 without receiving in exchange reasonably equivalent value within the meaning of UFTA; and

(3) The Millers were insolvent or they became insolvent as a result of the transfers within the meaning of UFTA.

The Trustee also seeks summary judgment in his favor on Count III of his Complaint. Count III also relies on Bankruptcy Code Section 544(b), but it seeks to avoid Larry’s transfer to Eric of Larry’s .1% partnership interest in both the 700 Ogden Building Partnership and the Fox River Farm Partnership (“Partnership Transfers”). The Partnership Transfers are part of the transfers referred to in the Complaint as Transfer # 1.

As a basis for this claim, the Trustee alleges that:

(1) The Partnership Transfers were made with the actual intent to hinder, delay, or defraud any creditor of Larry within the meaning of UFTA;

(2) The Partnership Transfers were made without Larry receiving reasonably equivalent value with the meaning of UFTA in exchange for the value of the property transferred; and

(3) Larry was insolvent or became insolvent within the meaning of UFTA as a result of the Partnership Transfers.

[972]*972As part of the relief sought by Count III, the Trustee also seeks the recovery of Larry’s .1% partnership interest or the value thereof, together with interest thereon from March 27, 1990.

In his Summary Judgment Motion, the Trustee further seeks a Declaratory Judgment that:

(1) The Bankruptcy Estate of Larry owns and is now the holder of (1) 9/21 of the beneficial interest in the Vacant Lot Land Trust, (2) 50% of the beneficial interest in the Home Land Trust, and (3) 50% of the partnership interest in both the 700 Ogden Building Partnership and the Fox River Farms Partnership.

(2) The Bankruptcy Estate of Barbara owns and is now the holder of (1) 9/21 of the beneficial interest in the Vacant Lot Land Trust, (2) 50% of the beneficial interest in the Home Land Trust, and (3) 50% of the partnership interest in both the 700 Ogden Building Partnership and the Fox River Farms Partnership.

The Trustee argues that summary judgment is proper as “the pleadings, depositions, answers to interrogatories, and admissions on file, show that there is no genuine issue as to any material fact and that the moving-party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). (Fed.R.Bankr.P. 7056 applies Fed.R.Civ.P. 56 to adversary proceedings.) The Trustee’s basis for the Summary Judgement Motion is the assertion that the judgment of the State Court (“State Court Order”) involved identical issues of fact and law. The Trustee argues that the State Court Order was a final order and that it results in the application of collateral es-toppel, which prevents the Defendants from raising any defense to the Summary Judgment Motion.

In accordance with general rule 12(m) of the General Rules and Civil Rules of the United Stated Bankruptcy Court for the Northern District of Illinois,2 the Trustee has filed a “Supporting Memorandum of Law” and a “Statement of Undisputed Material Facts.”

Julia Miller McDonnell (“Julia”), Guardian Ad Litem for Eric Miller and Andrew Miller filed a response to the Summary Judgment Motion, Supporting Memorandum of Law, and Statement of Undisputed Material Facts.3 In that response, she asserts that the Trustee’s filings:

accurately set[ ] forth the facts surrounding the transfers of the assets of Larry Miller and Barbara Miller and the findings that the state court made with regard to the lawsuit filed and prosecuted by Galvin Kennedy, with the exception that, at no time does the Trustee reference or in any way address a 3/21 interest that Julia Miller McDonnell asserts individually in and to 8200 West Ogden Avenue in Lyons, Illinois [ (“Vacant Lot Land Trust”) ] ... Accordingly, McDonnell has no defenses with which the Trustee’s [Summary] Judgment Motion can be attacked and/or defeated, with the limited exception that Julia Miller McDonnell hereby makes no admission or concessions with regard to her 3/21 interest in and to 8200 West Ogden Avenue, Lyons, Illinois [ (Vacant Lot Land Trust) ].

In reply to Julia’s response, the Trustee states that the Summary Judgment Motion only seeks to avoid as fraudulent the Millers’ transfer of their combined 18/21 (9/21 each) interest in the Vacant Lot Land Trust and that Counts II & III do not seek to avoid or otherwise attack Julia’s 3/21 interest in the Vacant Lot Land Trust.

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Cite This Page — Counsel Stack

Bluebook (online)
175 B.R. 969, 1994 Bankr. LEXIS 2185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grochocinski-v-miller-in-re-miller-ilnb-1994.