Haugland v. Eisenstein (In re Eisenstein)

525 B.R. 428
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedFebruary 11, 2015
DocketBankr. No. 13-01449 Jointly Administered; Adv. Pro. 13-01050
StatusPublished
Cited by3 cases

This text of 525 B.R. 428 (Haugland v. Eisenstein (In re Eisenstein)) 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
Haugland v. Eisenstein (In re Eisenstein), 525 B.R. 428 (Ill. 2015).

Opinion

AMENDED MEMORANDUM OPINION

Jacqueline P. Cox, U.S. Bankruptcy Judge

I. Jurisdiction

Bankruptcy courts have authority to hear and determine all cases under title 11 and all core proceedings arising under title II, or arising in a case under title 11, referred under 11 U.S.C. § 157(a) and may enter appropriate orders and judgments, subject to review under 11 U.S.C. § 158. 28 U.S.C. § 157(b)(1). Title 11 is the United States Bankruptcy Code. Core proceedings include determinations of the dischargeability of a particular debt, the [432]*432matter at issue herein. 28 U.S.C. § 167(b)(2)®.

The federal district courts have original and exclusive jurisdiction of all cases under title 11. 28 U.S.C. § 1384(a). Generally, district courts have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in'or related to cases under title 11. 28 U.S.C. § 1334(b). The district courts may refer any or all cases under title 11, and any or all proceedings arising under title 11 or arising in or related to a case under title 11, to the bankruptcy judges for the district. 28 U.S.C. § 157(a). Pursuant to that statute the District Court for the Northern District of Illinois has referred its bankruptcy cases to the Bankruptcy Court for the Northern District of Illinois. Northern District of Illinois Internal Operating Procedure 15(a).

II. Facts and Background

This matter came before the Court for the trial of an Adversary Complaint filed by Plaintiffs Jeffrey Haugland, as Administrator of the Estate of Hayley Haugland, Deceased and Jeffrey Haugland Individually; Theresa Melton and Robert Melton; Stephen Tremper and the Estate of Dylan Tremper; Donna Williams, Rocky Williams and the Estate of Joshua Williams; Ruth Ann Moritz and Bernard Hans Moritz, Jr., Individually and as Co-Guardians of the Estate of Adam Moritz, a Disabled Minor and Ayesha El-Amin, as Administrator of the Estate of Na’eem Shahid (together, the “Plaintiffs”). The Plaintiffs are personal injury claimants who held medical malpractice claims against. Debtor Mayer Eisenstein, M.D. (“Debtor” or “Dr. Eisenstein”) in the Circuit Court of Cook County, Illinois when the Debtor and several related entities sought relief under chapter 7 of the Bankruptcy Code on January 15, 2013. The related entities are Comprehensive Integrated Medicine M.D. S.C. (Case No. 13-01440), Comprehensive Integrated Home Health Care Agency, Inc. (Case No. 13-01445), Mayer Eisenstein, M.D.S.C. (Case No. 13-01455) and Home Care Health Agency, Inc. (Case No. 13-01458).

Debtor Mayer Eisenstein is both a physician and an attorney.

On March 5, 2013, this Court ordered the joint administration of the five related bankruptcy cases pursuant to Federal Rule of Bankruptcy Procedure 1015(b).

The lawsuits listed below were consolidated in the Circuit Court of Cook County, Illinois under case number 07 L 99 on April 4, 2007:

El-Amin v. Mayer Eisenstein, M.D.S.C., et al., 07 L 99;
Tremper v. Mayer Eisenstein, M.D., et al., 06 L 11570, 05 L 10761, 04 L 11131, 03 L 00971 and 07 L 11437;
Moritz v. Gelb, 06 L 7010;
Williams v. Mayer Eisenstein, M.D.S.C. et al., 05 L 12346;
Louis Weiss Hospital Memorial Hospital v. Rosy et al., 06 L 7938;
Shelton v. Mayer Eisenstein, M.D., et al., 05 L 9843;
Melton v. Homefirst Health Services, et al., 03 L 15830 and
Haugland v. Zumhagen, et al., 99 L 4763.

See Adversary Complaint 13-1050, ¶ 5.

The lawsuits are medical malpractice claims against the Debtor, his employees and entities he owned. The Plaintiffs moved collectively herein to except their debts from discharge as they assert a right to relief jointly, severally, or in the alternative with respect to the same transaction, occurrence, or series of transactions, the Debtor’s fraud regarding the terms of a July 21, 2008 court order that set out the [433]*433terms of a settlement entered into between them and Dr. Eisenstein. The effort to have the debts incurred in that order held to be not dischargeable involves questions of law and fact common to all Plaintiffs. Federal Rule of Bankruptcy Procedure 7020 provides that Rule 20 of the Federal Rules of Civil Procedure applies in adversary proceedings. Rule 20(a) states:

(1) Plaintiffs. Persons may join in one action as plaintiffs if:

(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all plaintiffs will arise in the action.

The Plaintiffs complain in Count I of their Adversary Complaint that the Debtor made fraudulent statements in a June 20, 2008 Terms of Agreement document, which resulted in the entry of a July 21, 2008 settlement order in state court. The problem is that he falsely stated that the settlement would be secured by property at 1101 Dodge, Evanston, Illinois (“Dodge Property”) in violation of 11 U.S.C. § 523(a)(2)(A) which excepts from discharge debts incurred fraudulently under certain circumstances. The Debtor did not arrange for the property to be titled in a land trust as required by the 2008 court order. The Plaintiffs complain in Count II (later withdrawn) that the Debtor made a false statement as to whether their claims were covered by insurance. They complain in Count III that the Debtor wilfully and maliciously injured them in violation of 11 U.S.C. § 523(a)(6). Following a seven-day trial, the court took the matter under advisement.

For the reasons noted herein, the debts owed the Plaintiffs are found to be not dischargeable.

On February 24, 2004, Plaintiff Ayesha El-Amin secured a $30,000,000 verdict against the Debtor and other defendants on various medical negligence claims. Following that verdict, on July 14, 2004, Debtors Mayer Eisenstein M.D.S.C.

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Bluebook (online)
525 B.R. 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haugland-v-eisenstein-in-re-eisenstein-ilnb-2015.