Holland Builders, Inc. v. Lloyd (In re Lloyd)

549 B.R. 282, 26 Fla. L. Weekly Fed. B 67, 2016 Bankr. LEXIS 1033
CourtUnited States Bankruptcy Court, M.D. Florida
DecidedMarch 31, 2016
DocketCase No. 3:14-bk-1765-JAF; Adv. No. 3:14-ap-276-JAF
StatusPublished
Cited by4 cases

This text of 549 B.R. 282 (Holland Builders, Inc. v. Lloyd (In re Lloyd)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holland Builders, Inc. v. Lloyd (In re Lloyd), 549 B.R. 282, 26 Fla. L. Weekly Fed. B 67, 2016 Bankr. LEXIS 1033 (Fla. 2016).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Jerry A. Funk, United States Bankruptcy Judge

This proceeding came before the Court upon a Complaint Objecting to Discharge [286]*286of the Debtor and/or to Challenge Dis-chargeability of Certain Debts (the “Complaint”) (Doe. 1). Count I of the Complaint is an objection to Defendant’s discharge pursuant to 11 U.S.C. § 727(a)(4)(A). Count II of the Complaint seeks to except Defendant’s debt to Plaintiffs from Defendant’s discharge pursuant to 11 U.S.C. § 523(a)(2)(A). Count III of the Complaint seeks to except Defendant’s debt to Plaintiffs from Defendant’s discharge pursuant to 11 U.S.C. § 523(a)(6). The Court held a trial on October 15, 2015. Thereafter, in lieu of oral argument, the Court directed the parties to submit memoranda in support of their respective positions. Upon the evidence and the applicable law, the Court makes the following Findings of Fact and Conclusions of Law.

Findings of Fact

Sheltair Aviation builds and services fixed based operations, which are facilities that serve the needs of private plane owners, such as fuel, catering, and rental car needs. (Tr. at 155). Sheltair Aviation owns fixed based operations in Florida, Georgia, and New York. (Tr. at 155-156). Holland Builders, Inc. (“HBI”) is the construction arm of Sheltair Aviation; if Shel-tair Aviation builds a fixed base operation for itself or a third party, HBI constructs the facility. (Tr. at 147). Sheltair Westh-ampton, LLC (“SWH”) is Sheltair Aviation’s fixed based operation in Westhamp-ton, New York. (Id.)

In 2006, HBI hired Robert McQuaig (“McQuaig”) as its senior vice president of construction. (Tr. at 148). McQuaig’s responsibilities included traveling to various locations to look at prospective projects for HBI. (Tr. at 149-150). If HBI was hired to construct a facility, McQuaig was responsible for the entire project “[f]rom A to Z,” including budgeting with project managers and hiring subcontractors. (Tr. at 150).

Defendant is a high school graduate who attended junior college for a year. (Tr. at 82). Since leaving college, Defendant has worked as a machinist. (Tr. at 82). In 2007, Defendant o]pened Marion Machine & Tool, LLC (“MM & T”). (Tr. at 23). MM & T was' a machine shop that performed work for industrial companies such as concrete and drilling companies and also constructed race car components such as chassis and motors. (Tr. at 100). Defendant also drives race cars. (Tr. at 83).

Defendant met McQuaig in approximately 1996 through dirt track car racing. (Pis.’ Ex. 27 at 1). Over the course of the parties’ relationship, Defendant observed that McQuaig had new cars, nice houses, and appeared to never have any money issues. (Tr. at 76). Defendant testified that “it would be nothing for [McQuaig] to give me $20,000 for work to be done on a race car or in payment for steel products fabricated by MM & T.” (Pis.’ Ex. 27 at 1).

•At some point, Defendant and McQuaig entered into an informal, unwritten agreement by which Defendant agreed to construct and work on race cars for McQuaig. (Tr. at 91). The arrangement was a “pay-as-you-go” one. (Id.) According to Defendant, “[McQuaig] wanted to get some newer stuff. [McQuaig] and [McQuaig’s son] were wanting to do a little bit more racing and go further out of town racing, and they were trying to get better equipment so they could go do more racing.” (Id.) Defendant and McQuaig did not discuss potential expenses with any specificity. (Id.) “[McQuaig] had a general idea of, you know, what stuff costs and stuff. It’s kind of more roundabout numbers. It wasn’t exact numbers put down, it was more of a generalization. He knew about what the cars cost and stuff like that.” (Id.)

[287]*287According to Defendant, in early June of 2008 he contacted McQuaig inquiring as to whether McQuaig was interested in purchasing race car parts and a motor from Defendant’s cousin. (Pis.’ Ex. 27 at 1). McQuaig was interested. (Id.) McQuaig told Defendant that he had money available to him from projects on which he saved money for HBI and directed Defendant to prepare an invoice from MM & T to HBI in the amount of $23,756.13 and to list “lot mise steel” on the invoice for the description of the product provided to HBI by MM & T. (Id. at 2). Defendant prepared the invoice and e-mailed it to McQuaig on June 13, 2008. (Tr. at 121-122). On June 17, 2008, Defendant received a check from HBI in the amount of $23,756.13; thereafter he paid his cousin $20,000.00 on behalf of McQuaig for a racing motor, wheels, tires, gears, and other race car parts. (Pis.’ Ex. 27 at 2). Defendant did not provide any goods or services to HBI in exchange for the $23,756.13 payment. (Id.)

Defendant testified that McQuaig wanted Defendant to construct new cars for him and his son to participate in Speed-weeks [in Daytona in early 2009], (Tr. at 93). McQuaig wanted to follow Defendant around and race with him. (Id.) However, the project was postponed' for several months because Defendant was racing during the middle of 2008.(Id.)

On November 4, 2008, at McQuaig’s direction, Defendant prepared an invoice from MM & T to HBI in the amount of $63,325.00. (Pis.’ Ex. 27 at 2). The purpose of the invoice was to purchase race ear parts for McQuaig. (Id. at 3). The invoice listed “mise steel” as the product provided to HBI by MM & T. (Id. at 2). Defendant e-mailed the invoice to McQuaig. (Tr. at 121-122). On November 6, 2008, Defendant received a check from HBI in the amount of $63,325.00 which he deposited into his MM & T account. Defendant anticipated using the proceeds for the bulk of the parts for the first race car he was constructing for McQuaig. (Tr. at 94). To Defendant’s surprise, McQuaig directed Defendant to return $20,000.00. (Id.) On November 25, 2008, at McQuaig’s request, Defendant wrote a check to ASI, a company owned by McQuaig, in the amount of $20,000.00. (Pis.’ Ex. 27 at 3). The remaining $43,325.00 was used to purchase parts and to pay for Defendant’s labor to build McQuaig’s race cars. (Id.) However, that amount was not enough to fund the purchase of all of the parts needed to complete the race cars. (Tr. at 94). MM & T did not provide any services to HBI in exchange for the $63,325.00 payment. (Pis.’ Ex. 27 at 3).

Defendant continued to build race cars for McQuaig and to provide maintenance services for race cars that McQuaig and McQuaig’s son were racing. (Tr. at 97-98). Between December 10, 2009 and March 17, 2010, Defendant received four checks payable to MM & T from SWH. (Pis.’ Ex. 27 at 4-5). The dates and amounts of the checks are as follows: 1) a check dated December 10, 2009 in the amount of $45,775.40; 2) a check dated January 25, 2010 in the amount of $46,707.50; 3) a check dated March 3,2010 in the amount of $41,853.58; and 4) a check dated March-17, 2010 in the amount of $41,853.57. (Id.) McQuaig instructed Defendant to keep $10,000.00 from each check and to disburse the remaining funds to Owens & Associates, a company owned by McQuaig. (Id.) Defendant kept $10,000.00 from the December 10, 2009 check, $10,707.50 from the January 25, 2010 check, $10,000.58 from the March 3, 2010 check, and $10,000.00 from the March 17, 2010 check and paid the remainder to Owens & Associates.

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Cite This Page — Counsel Stack

Bluebook (online)
549 B.R. 282, 26 Fla. L. Weekly Fed. B 67, 2016 Bankr. LEXIS 1033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-builders-inc-v-lloyd-in-re-lloyd-flmb-2016.