Harrington v. Mazzone (In re Mazzone)

510 B.R. 439
CourtUnited States Bankruptcy Court, D. Massachusetts
DecidedMay 7, 2014
DocketBankruptcy No. 12-41224-MSH; Adversary No. 13-04055
StatusPublished
Cited by5 cases

This text of 510 B.R. 439 (Harrington v. Mazzone (In re Mazzone)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harrington v. Mazzone (In re Mazzone), 510 B.R. 439 (Mass. 2014).

Opinion

MEMORANDUM OF DECISION

MELVIN S. HOFFMAN, Bankruptcy Judge.

William K. Harrington, the United States Trustee (“UST”) for this region, initiated this adversary proceeding seeking to revoke the chapter 7 discharge of Anthony and Michelle Mazzone, the debtors in the main bankruptcy case, pursuant to § 727(d)(1) of the Bankruptcy Code (11 U.S.C. § 101 et seq.). In his complaint, the UST alleges that the Mazzones made fraudulent misrepresentations in connection with their bankruptcy case which came to his attention only after the Maz-zones’ discharge had entered. The matter was tried on March 19, 2014, and I now present my findings of fact and conclusions of law in accordance with Fed. R. Bankr.P. 7052.

I. Findings of Fact

On December 31, 2009, the Mazzones met Robert Bost at the New Year’s party of a mutual friend. At the party or shortly thereafter, the Mazzones learned that Mr. Bost was recently divorced and looking for a place to live. Mr. Bost and the Maz-zones agreed verbally that Mr. Bost could live in the basement apartment of the Maz-zones’ home in Methuen, Massachusetts. The Mazzones requested $1,200.00 per month rent but the parties settled on $850.00 per month to start. At some point the rent increased to $950.00 per month. None of the terms of the rental arrangement were committed to writing. Mr. Bost moved into the Mazzones basement apartment in mid-January 2010.

The apartment contains a bedroom, kitchen with all standard appliances, bathroom, and separate locked entrance. The apartment did not have its own address nor did it comply with Methuen’s zoning ordinance regarding accessory apartments and multi-family dwellings.

Mr. Bost lived in the Mazzones’ basement apartment until mid-December 2012. During this time, Mr. Bost paid the agreed upon monthly rent by cash, check, in kind, or by some combination thereof. For example, the Mazzones would credit Mr. Bost for rent if he assisted them with childcare duties. Additionally, Mr. Bost received rent credit by advancing sums to the Mazzones for certain household expenses, such as new appliances or a new pool cover. On one occasion, Mr. Bost advanced $1,000.00 to help pay the Maz-zones’ bankruptcy attorney. Mr. Bost also paid for the Mazzones and their two children to accompany him and his daughter on vacation on more than one occasion, [441]*441paying as much as $8,000.00 for one trip. The Mazzones would reduce Mr. Bost’s rent to offset sums advanced by him for their benefit.

The Mazzones requested that Mr. Bost make monthly rent payments in cash. They also requested that Mr. Bost not take the state income tax deduction for rental payments available to Massachusetts taxpayers. The Mazzones made these requests so that the City of Methuen would not discover their illegal basement apartment and the federal and state taxing authorities would not discover their rental income which they did not declare on their state and federal income tax returns for either 2010 or 2011. In their testimony at trial, both Mr. and Ms. Mazzone denied asking Mr. Bost to pay rent in cash and to forgo his state tax deduction in order to conceal their deal, which is what Mr. Bost stated in his trial testimony. The Maz-zones where not credible witnesses on this and many other matters at trial. Their testimony was contrived, disingenuous and contradictory. Mr. Bost’s testimony on these and other disputed issues was credible.

On March 31, 2012, the Mazzones filed their joint voluntary petition for relief under chapter 7 of the Bankruptcy Code. Mr. Bost was still living in the Mazzones’ basement apartment at the time of the Maz-zones’ bankruptcy filing. In documents filed by the Mazzones under oath at the time of their bankruptcy petition, the Maz-zones disclosed their income from Ms. Mazzone’s job as a nurse and Mr. Maz-zone’s job as a chef, but never disclosed or even referenced any rental agreement with or income from Mr. Bost. On schedule A (real property) of the schedules of assets and liabilities filed by the Mazzones in support of their bankruptcy petition, they listed their home in Methuen. On schedule G (executory contracts and unexpired leases) the Mazzones checked the box indicating they had no executory contracts or unexpired leases. On schedule I (current income) the Mazzones listed zero in “income from rental property” on line eight and zero in “other monthly income” on line thirteen.1 On their Statement of Financial Affairs (“SOFA”), also accompanying their bankruptcy petition, the Mazzones do not list any rental income in item one, which seeks disclosure of “income for employment or operation of business,” and checked the box for “none” in item two, which seeks disclosure of “income other than from employment or operation of business.”2 On their Chapter 7 Statement of Current Monthly Income and Means-Test Calculation, often referred to as “Form B22A,” the Mazzones listed zero in “rents and other real property income” in response to item five and zero in “income from all other sources” in response to item ten.3

On May 7, 2012, at their meeting of creditors pursuant to Bankruptcy Code § 341, the Mazzones affirmed under oath that the schedules and statements filed in support of their bankruptcy petition were true and accurate. None of the Mazzones’ schedules or statements was ever amended.

[442]*442The UST sent a letter, dated May 2, 2012, to the Mazzones requesting answers to certain questions as well as documents in order to verify that their bankruptcy filing was not an abuse of the provisions of the Bankruptcy Code. In response to the question “please state whether any persons reside with you, their name(s) and their contribution to the household” the Mazzones stated in a signed and notarized affidavit dated May 31, 2012, that “the only others who live with us are our daughters ... they do not contribute to the household.”

Based on the schedules and statements filed in support of the Mazzones’ bankruptcy petition and the documentation and affidavit provided in response to his May 2, 2012 letter, the UST determined that the Mazzones’ bankruptcy filing was not an abuse of the provisions of the Bankruptcy Code. On June 1, 2012, David M. Nickless, the chapter 7 trustee of the Mazzones’ bankruptcy estate, filed with the court his Report of No Distribution indicating that there were no estate assets available for distribution by him to creditors. On July 9, 2012, the Mazzones received their bankruptcy discharge, as a result of which they were relieved of personal liability for $71,347.77 in unsecured debts. On July 12, 2012, the Mazzones’ chapter 7 case was closed.

In mid-December 2102, the Mazzones obtained a state court restraining order against Mr. Bost requiring him to stay away from their children. Shortly thereafter, Mr. Bost vacated the Mazzones’ basement apartment. The circumstances surrounding the restraining order and Mr. Bost’s moving out of the Mazzones’ basement apartment generated a great deal of animosity between the parties. Sometime thereafter, Mr. Bost contacted the office of the UST and disclosed that he had been paying rent to the Mazzones from early 2010 through December 2012. Mr. Bost also provided to the UST photocopies of rent checks and copies of text message screenshots relevant to his rental relationship with the Mazzones.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
510 B.R. 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrington-v-mazzone-in-re-mazzone-mab-2014.