Grochocinski v. Rieger ex rel. Galena Family Trust (In re KJK Construction Co.)

414 B.R. 416, 2009 Bankr. LEXIS 2734, 52 Bankr. Ct. Dec. (CRR) 43
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedSeptember 10, 2009
DocketBankruptcy No. 07 B 21749; Adversary Nos. 09 A 00105, 09 A 00106
StatusPublished
Cited by3 cases

This text of 414 B.R. 416 (Grochocinski v. Rieger ex rel. Galena Family Trust (In re KJK Construction Co.)) 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. Rieger ex rel. Galena Family Trust (In re KJK Construction Co.), 414 B.R. 416, 2009 Bankr. LEXIS 2734, 52 Bankr. Ct. Dec. (CRR) 43 (Ill. 2009).

Opinion

MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

These matters come before the Court on the motions for summary judgment pursu[420]*420ant to Federal Rule of Bankruptcy Procedure 7056, which incorporates by reference Federal Rule of Civil Procedure 56, filed by Kyle Rieger, Melissa Rieger, Kent Rieger, Diane Rieger, Stephanie Chan, and Kent D. Rieger, as trustee of the Galena Family Trust dated November 11, 2005 (collectively the “Defendants”) and on the motions of David E. Grochocinski, the Chapter 7 case trustee (the “Trustee”) for the estate of KJK Construction Co., Inc. to strike the Defendants’ motions for summary judgment. For the reasons set forth herein, the Court denies the Defendants’ motions for summary judgment. In addition, the Court denies the Trustee’s motions to strike the Defendants’ motions for summary judgment. The Defendants shall file answers to the complaints by or before September 30, 2009. A status hearing in these adversary proceedings is set for October 9, 2009 at 10:00 a.m.

I. JURISDICTION AND PROCEDURE

The Court has jurisdiction to entertain these matters pursuant to 28 U.S.C. § 1334 and Internal Operating Procedure 15(a) of the United States District Court for the Northern District of Illinois. They are core proceedings under 28 U.S.C. § 157(b)(2)(A), (H), (I), and (O), except for Count VI of the complaint filed in adversary proceeding 09 A 00105. That count is a claim for an alleged breach of fiduciary duty and does not “arise under” or “arise in” this case for purposes of 28 U.S.C. § 1334. Count VI is a non-core related matter under 28 U.S.C. § 157(b)(3), and any recovery thereunder may result in a recovery for the bankruptcy estate.

II. FACTS AND BACKGROUND

The following facts are not in dispute. Kent Rieger is an individual who at all relevant times was an officer and director of KJK Construction Co., Inc. (“KJK”). (Tr. 7056-2 statement ¶ b.)1 Kent Rieger, Jevon Chan (“Chan”), and Kyle Rieger were each one-third shareholders (collectively “KJK Shareholders”) in KJK. (Tr. 7056-2 statement ¶¶ c & d.) Kyle Rieger is the son of Kent Rieger, and Chan is the son-in-law of Kent Rieger. (Tr. 7056-2 statement ¶ e.) On or about September 29, 2000, the KJK Shareholders entered into an agreement with Suburban Bank & Trust Company to create a land trust known as Trust No. 74-2911 (the “Land Trust”). (Tr. 7056-2 statement ¶ f; Defendants’ Ex. A (the “Land Trust Agreement”).) A copy of the Land Trust Agreement was submitted as Exhibit A to the statement/affidavit of Kent Rieger (“Rieger Affidavit”) and is found in Defendants’ Group Exhibit A. (Tr. 7056-2 statement ¶ i; Defendants’ Ex. A.) According to the Agreement, the Land Trust held title to property commonly known as 548 S. Arlington, Elmhurst, Illinois and 435 Berkeley, Elmhurst, Illinois. (Tr. 7056-2 statement ¶ f; Defendants’ Ex. A.) Each of the KJK Shareholders owned a one-third beneficial interest in the Land Trust. (Tr. 7056-2 statement ¶ g; Defendants’ Ex. A.) KJK was not named as a beneficiary in the Land Trust Agreement. (Defendants’ Ex. A.)

The Defendants allege that prior to December 4, 2000, Chan executed an agreement on behalf of the KJK Shareholders to purchase real property, commonly known as 15 Beacon Trail, Galena, Illinois (the “Galena Property”). (Defendants’ 7056-1 statement Hj; Defendants’ Ex. B (the “Purchase Agreement”).) A copy of the Purchase Agreement is attached as Exhibit B to the Rieger Affidavit and is found in Defendants’ Group Exhibit A. [421]*421(Defendants’ Ex. B.) On or about December 4, 2000, the Galena Property was conveyed to the Land Trust by the seller, Galena State Bank & Trust Company, as trustee. (Tr. 7056-2 statement ¶ k; Defendants’ Ex. C.) A copy of a deed conveying the Galena Property to the Land Trust is attached as Exhibit C to the Rieger Affidavit and is found in Defendants’ Group Exhibit A. (Defendants’ Ex. C.)

On May 29, 2003, the Land Trust executed a deed conveying the Galena Property to the KJK Shareholders. (Compl. ¶ 34;2 Defendants’ 7056-1 statement ¶ o; Defendants’ Ex. E.) A copy of that deed, recorded with the Recorder of Jo Daviess County on February 18, 2005, as document number 318044, was submitted as Exhibit E to the Rieger Affidavit and is found in Defendants’ Group Exhibit A. The deed to the KJK Shareholders was not recorded until February 18, 2005. (Compl. ¶ 39; Defendants’ 7056-1 statement ¶ o; Defendants’ Ex. E.) In June or July of 2003, the Galena Property was refinanced. (Compl. ¶ 35; Defendants’ 7056-1 statement ¶ m.) A second refinancing of the Galena Property took place in February of 2005. (Compl. ¶ 40; Defendants’ 7056-1 statement ¶ p.) The deed conveying the Galena Property was recorded at the time of the 2005 refinancing. (Tr. 7056-2 statement ¶0.)

On or about September 7, 2005, the KJK Shareholders transferred the Galena Property by quit claim deed to their "wives, Diane L. Rieger (Kent), Stephanie Chan (Jevon) and Melissa Rieger (Kyle) (collectively the “KJK Shareholder Wives”). (Tr. 7056-2 statement ¶ s; Defendants’ Ex. 1.) A copy of the deed is attached as Exhibit I to the Rieger Affidavit and is found in Defendants’ Group Exhibit A. (Defendants’ Ex. I.) On November 28, 2005, the KJK Shareholder Wives transferred the Galena Property to Kent Rieger as trustee of the Galena Family Trust. (Tr. 7056-2 statement ¶ t; Defendants’ Ex. J.) A copy of the deed to the Galena Family Trust is attached as Exhibit J to the Rieger Affidavit and found in Defendants’ Group Exhibit A. (Defendants’ Ex. J.)

On June 25, 2007, Kent and Diane Rieger filed a petition for relief under Chapter 7 of the Bankruptcy Code (Bankr.No. 07-11298) (the “Rieger Bankruptcy Case”). An order of discharge was entered in the Rieger Bankruptcy Case on October 15, 2007. (Docket No. 49.) The Trustee was not named as a creditor in the Rieger Bankruptcy Case. On November 19, 2007, KJK filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code (Bankr.No. 07-21749) (the “KJK Bankruptcy Case”). (Docket No. 1.) On its petition, KJK stated that there were no pending bankruptcy cases filed by any affiliate of KJK. (Id.) On November 20, 2007, the Trustee was appointed the Chapter 7 trustee in the KJK Bankruptcy Case.

On December 5, 2007, Chan filed a petition for relief under Chapter 7 of the Bankruptcy Code in the Bankruptcy Court for the District of Rhode Island (the “Chan Bankruptcy Case”). (Comply 19.) An order of discharge was entered in the Chan Bankruptcy Case on March 4, 2008. (Id.) The Trustee alleges that he was not listed as a creditor in the Chan Bankruptcy Case, and that Chan stated on his bankruptcy petition that there were no pending bankruptcy cases filed by any of his affiliates. (Compl. ¶¶ 20 & 21.) According to the Trustee, Chan is not named as a defendant in the 09 A 00105 adversary proceeding due to concerns regarding the dis

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Kafantaris v. Signore (In Re Signore)
436 B.R. 65 (N.D. Illinois, 2010)
In Re Kjk Const. Co., Inc.
414 B.R. 416 (N.D. Illinois, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
414 B.R. 416, 2009 Bankr. LEXIS 2734, 52 Bankr. Ct. Dec. (CRR) 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grochocinski-v-rieger-ex-rel-galena-family-trust-in-re-kjk-construction-ilnb-2009.