In re Archdiocese of Saint Paul & Minneapolis

553 B.R. 693, 75 Collier Bankr. Cas. 2d 1807, 2016 Bankr. LEXIS 2769, 62 Bankr. Ct. Dec. (CRR) 269, 2016 WL 4062797
CourtUnited States Bankruptcy Court, D. Minnesota
DecidedJuly 28, 2016
DocketCase No. 15-30125
StatusPublished
Cited by4 cases

This text of 553 B.R. 693 (In re Archdiocese of Saint Paul & Minneapolis) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Archdiocese of Saint Paul & Minneapolis, 553 B.R. 693, 75 Collier Bankr. Cas. 2d 1807, 2016 Bankr. LEXIS 2769, 62 Bankr. Ct. Dec. (CRR) 269, 2016 WL 4062797 (Minn. 2016).

Opinion

MEMORANDUM AND ORDER DENYING SUBSTANTIVE CONSOLIDATION

Robert J. Kressel, United States Bankruptcy Judge

This chapter 11 case came on for hearing on the motion of the unsecured creditors committee to substantively consolidate the debtor and over 200 Catholic nonprofit, non-debtor entities.

Edwin H. Caldie and Robert T. Kugler appeared on behalf of the unsecured creditors committee. Richard D. Anderson and Benjamin E. Gurstelle appeared on behalf of the debtor. Dennis D. O’Brien appeared on behalf of the parish committee. Mary Jo A. Jensen-Carter appeared on behalf of a group of parishes. Phillip L. Kunkel appeared on behalf of the Catholic Community Foundation of Minnesota, Benilde-St. Margaret’s School, and Grace High School dba Totino-Grace High School. S. Steven Prince appeared on behalf of DeLaSalle High School. Adam C. Ballinger appeared on behalf of Our Lady of Grace Church. Michael J. Iannacone appeared on behalf of the Catholic Finance Corporation, Faithful Shepherd Catholic School, the Guardian Angels Catholic Church of Oakdale, Minnesota, and' other churches. Cameron A. Lallier appeared on behalf of the Church of Saint Anne-Saint Joseph Hien. Jeffrey R. Anderson and Michael G. Finnegan appeared on behalf of certain personal injury creditors. Paul L. Ratelle appeared on behalf of the Church of St. Patrick of Edina, Minnesota. Alyssa M. Troje appeared on behalf of St. Dominic Catholic Church, St. Stephen’s Catholic .Church, and others. John A. Hedback appeared on behalf of The Catholic Cemeteries. Andrew T. Brever appeared on behalf of the Church of St. Charles Borromeo of Minneapolis, Minnesota. Sarah J. Wencil appeared on behalf of the United States Trustee. Louis T. DeLucia appeared telephonically on behalf of the Catholic Mutual Relief Society of America. Pámela J. Tillman appeared telephonically on behalf of TIG Insurance Company. Peter J. Horst appeared tele-phonically on behalf of certain underwriters at Lloyd’s, London. Russell W. Roten appeared telephonically on behalf of certain underwriters at Lloyd’s, London. Joshua D. Weinberg appeared telephoni-cally on behalf of Hartford Accident and Indemnity Company.

The court has jurisdiction over this proceeding under 28 U.S.C. §§ 157(a) and 1334(b). This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (0). For reasons stated below, the motion is denied.

PROCEDURAL HISTORY

The Archdiocese of Saint Paul and Minneapolis filed a voluntary chapter 11 petition on January 16, 2015. On May 23, 2016, the unsecured creditors committee moved to substantively consolidate the debtor and over 200 non-debtor Catholic entities, naming the following entities as targets: 187 parishes in the Archdiocese, consolidated schools, the Catholic Community Foundation of Minnesota, the Francophone African Chaplaincy, Segrado Corizon de Jesus [sic ], the Chaplaincy of [697]*697Gichitwaa Kateri [sic], Newman Center and Chapel [sic], the Catholic Finance Corporation, The Catholic Cemeteries, Totino Grace High School, DeLaSalle High School, and Benilde-St. Margaret High School [sic]. The committee did not assert or seek derivative standing. Certain personal injury creditors joined the committee’s motion.

The debtor and numerous targeted entities objected. On June 2, 2016, I ordered Federal Rule of Bankruptcy Procedure 7012 to apply to the motion. In response, the debtor and many targeted entities filed motions for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) or to dismiss for failure to state a claim for relief under Federal Rule of Civil Procedure 12(b)(6), as applicable to this proceeding by Federal Rule of Bankruptcy Procedure 7012(b). The following parties filed motions for judgment on the pleadings or to dismiss the substantive consolidation motion: the debtor; the parish committee; the Catholic Community Foundation of Minnesota; . Benilde-St. Margaret’s School, DeLaSalle High School, and Grace High School dba Totino-Grace High School; Church of St. Patrick of Edina, Minnesota; Our Lady of Grace Church; the Catholic Finance Corporation; and Faithful Shepherd Catholic. School, Guardian Angels Catholic Church of Oakdale, Church of St. Joseph of Rosemount, and Church of St. Thomas Becket. Some mov-ants joined in other movants’ motions.

Other parties joined in certain motions opposing consolidation. A large group of parishes joined in the motions filed by the debtor, the parish committee, and others. St. Dominic Catholic Church, St. Stephen’s Catholic Church and School, Church of St. Thomas the Apostle, St. Ambrose of Woodbury, St. Bartholomew Catholic Faith Community, Church of St. Pius X, Christ the King Church, the Church of the Incarnation, St. Vincent de Paul Catholic Church, the Church of the Epiphany, Immaculate Heart of Mary, St. Michael Catholic Church, and Saint Peter Claver Church joined in the motions filed by the debtor, the parish committee, and St. Patrick of Edina. The Catholic Cemeteries joined in the motion filed by the debtor. The Church of St. Charles Borromeo joined in the motions filed by the debtor, the parish committee, and St. Patrick of Edina. The Church of Saint Anne-Saint Joseph Hien joined in the motions filed by the debtor, the parish committee, and St. Patrick of Edina.

DISCUSSION

Motion to Dismiss and Motion for Judgment on the Pleadings

I ordered Federal Rule of Bankruptcy Procedure 7012 applicable to the substantive consolidation motion. Rule 7012(b) provides that Federal Rule of Civil Procedure 12(b)-(i) applies. Fed. R. Bankr.P. 7012, incorporating Fed.R.Civ.P. 12(b) — (i).

A party may move to dismiss for “failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6), as incorporated by Fed. R. Bankr.P. 7012(b). When reviewing motions to dismiss under Civil Rule 12(b)(6), courts accept factual allegations as true, construing all reasonable inferences from those allegations in favor of the non-movant. Blankenship v. USA Truck, Inc., 601 F.3d 852, 853 (8th Cir.2010) (citation omitted). “A motion to dismiss should be granted if it appears beyond doubt that the plaintiff can prove no set of facts which would entitle him to relief.” Trooien v. Mansour, 608 F.3d 1020

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553 B.R. 693, 75 Collier Bankr. Cas. 2d 1807, 2016 Bankr. LEXIS 2769, 62 Bankr. Ct. Dec. (CRR) 269, 2016 WL 4062797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-archdiocese-of-saint-paul-minneapolis-mnb-2016.