Heckman v. Reading Area Water Authority (In re Heckman)

560 B.R. 657
CourtUnited States Bankruptcy Court, E.D. Pennsylvania
DecidedDecember 6, 2016
DocketCase No. 14-20072REF; Adv. No. 15-317REF
StatusPublished

This text of 560 B.R. 657 (Heckman v. Reading Area Water Authority (In re Heckman)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heckman v. Reading Area Water Authority (In re Heckman), 560 B.R. 657 (Pa. 2016).

Opinion

MEMORANDUM OPINION

RICHARD E. FEHLING, United States Bankruptcy Judge

I. INTRODUCTION

Ask a 5th or 6th grade school child how many days are in three months. I expect that most would tell you 90 days (which does not account for months with 28/29 or 31 days, but you get the idea). Ask that child whether 60 days equals 90 days and you would get a funny look. These simple riddles, among other hand-wringing, brow-furrowing aspects of this case, were brought out through the testimony of. Defendant water authority’s employee during examination by her counsel (and the court1), resulting in a decidedly unusual answer: When is 60 days equal to both 90 days and three months? The answer: When Defendant says it is. This hubris and numerological fallacy highlight a troublesome and unsettling aspect of Defendant’s record-keeping, administration, and arguments in this case. It is just plain wrong. Details are below.2

Pro se Plaintiff tried unsuccessfully for some time to wrest information about his account from Defendant. He was determined not to pay invoices that he did not understand. His efforts included filing four bankruptcies in about. 13 months. Plaintiff was completely right and completely wrong in some of what he did. And he was completely right and completely wrong in some of what he did not do. This case sets up a classic dispute of an individual citizen versus a monolithic government agency-^in this case a water utility. In many instances, a public utility has, and must have, rules and regulations to govern its rights and actions and the rights and actions of its customers. This Memorandum Opinion examines the good, the bad, and the ugly3 of (1) the automatic stay established upon the filing of a bankruptcy case, (2) Plaintiffs' refusal to pay some of RAWA’s bills because he misunderstood Defendant’s rules and regulations, and (3) the administration and application of those rules and regulations to Plaintiff.

I address this tri-faceted dispute between a customer and a municipal water authority, to determine (1) whether Defendant, through its collection efforts, violated the automatic stay (it did not violate the stay-good), (2) Plaintiffs objection to Defendant’s claim, which alleges that Plaintiff had failed to pay the principal amount of his water and sewer bills (he had not paid-bad), and (3) Plaintiffs objection to Defendant’s claim for collection fees (Defendant’s treatment of delinquent accounts-ugly).

II. FACTUAL AND PROCEDURAL DISCUSSION

This Memorandum Opinion resolves the dispute between Plaintiff/Debtor, Ronald [659]*659Luther Heckman (“Heckman”), and Defendant/Creditor, Reading Area Water Authority (“RAWA”), addressing first whether RAWA’s collection efforts violated the automatic stay and second Heckman’s water and sewer bills and collection costs (as contained in RAWA’s claim). The trial on Heckman’s claim of a violation of the automatic stay and the hearing on his objection to RAWA’s claim number 6 were heard together. Over a period of five days in February and March 2016,4 the parties presented their evidence, creating a consolidated record consisting of testimony and exhibits. Heckman and RAWA filed timely briefs, after which Heckman asked leave to reply to RAWA’s brief. RAWA made no similar request. I granted Heck-man’s request and he timely filed his reply brief. Both matters (RAWA’s alleged violation of automatic stay and Heckman’s objection to RAWA’s claim) are now ready for disposition.5

A. Procedural History

Heckman filed this chapter 13 case on December 29, 2014, as the fourth bankruptcy case he had filed in about 13 months. His first case, No. 13-20461REF, was filed on December 2, 2013, and was dismissed on January 9, 2014. Heckman’s second case, No. 14-10537REF, was filed on January 24, 2014, and was dismissed on November 20, 2014. His third case, No. 14-19877REF, was filed on December 17, 2014, and was dismissed on December 19, 2014,6

On December 29, 2014, Heckman filed his petition in this chapter 13 case, which remains pending. Heckman’s three prior bankruptcy cases had been dismissed within one year before this fourth bankruptcy case was filed. The automatic stay, therefore, had not gone into effect when this bankruptcy case was filed. See 11 U.S.C. § 362(c)(4)(A)(i). On January 12, 2015, Heckman filed a motion to extend the automatic stay under 11 U.S.C. § 362(c)(4)(B), which I granted over the objection of RAWA in my Order dated February 19, 2015.

RAWA filed its proof of claim on May 7, 2015, alleging that it holds a secured claim in the amount of $5,608.09. Heckman filed both his adversary complaint and his objection to RAWA’s proof of claim on July 10, 2015. The adversary complaint alleges that RAWA engaged in certain collection activity that violated the automatic stay of Section 362. RAWA filed its answer to the complaint on August 12, 2015, and its motion for partial summary judgment on December 10, 2015. Heckman opposed the summary judgment motion about a month later. On January 26, 2016, I granted, in part, RAWA’s motion for partial summary judgment on the adversary complaint and the case proceeded to trial.

In my January 26, 2016 Order granting in part RAWA’s motion for partial summary judgment, I explained that my February 19, 2015 Order granting Heckman’s motion to extend the automatic stay under 11 U.S.C. § 362(c)(4)(C) was not retroactive.7 Therefore, I concluded that any conduct by RAWA that occurred prior to Feb[660]*660ruary 19, 2015, could not have violated the automatic stay because no stay existed. I granted, in part, RAWA’s motion for summary judgment, concluding that only conduct by RAWA that occurred on or after February 19,2015, could constitute a violation of the automatic stay. Because Heck-man had alleged sufficient facts from which I might find that RAWA’s post-February 19, 2015, conduct might have violated the automatic stay, I denied the balance of RAWA’s summary judgment motion.

Both the adversary complaint dealing with the automatic stay and Heckman’s objection to RAWA’s proof of claim are now ready for me to decide.

B. Factual History

Heckman owns two rental properties in Reading, Pennsylvania. One is located at 101 Walnut Street (“101 Walnut”) and the other is located at 153 Walnut Street (“153 Walnut”). RAWA provides water and sewer service to all properties in Reading, including the two properties owned by Heckman.

The present difficulties between RAWA and Heckman began in earnest when Heckman received a letter from RAWA dated February 28, 2012. Exhibit D-l, contained in Tab P-1, The letter advised Heckman that RAWA’s February 10, 2012, water meter reading for 101 Walnut showed excessive consumption compared to average usage.

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Related

In Re Miller
447 B.R. 425 (E.D. Pennsylvania, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
560 B.R. 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heckman-v-reading-area-water-authority-in-re-heckman-paeb-2016.