In re Brunson

486 B.R. 759, 69 Collier Bankr. Cas. 2d 1, 2013 WL 620446, 2013 Bankr. LEXIS 625
CourtUnited States Bankruptcy Court, N.D. Texas
DecidedFebruary 19, 2013
DocketNo. 11-32727-BJH-13
StatusPublished
Cited by16 cases

This text of 486 B.R. 759 (In re Brunson) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Brunson, 486 B.R. 759, 69 Collier Bankr. Cas. 2d 1, 2013 WL 620446, 2013 Bankr. LEXIS 625 (Tex. 2013).

Opinion

[761]*761 MEMORANDUM OPINION AND ORDER

BARBARA J. HOUSER, Bankruptcy Judge.

Before the court are fifteen objections to proofs of unsecured claim filed by Roland Kim Brunson and Charlene Brunson (the “Debtors”). The district court has subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1334, and this court has constitutional authority to finally determine the allowance or disallowance of claims against the estate pursuant to 28 U.S.C. § 157(a), (b)(1) and (b)(2)(B) and the Standing Order of Reference for the United States District Court for the Northern District of Texas. This court has personal jurisdiction over the parties and venue is proper pursuant to 28 U.S.C. § 1409. This Memorandum Opinion and Order contains the court’s findings of fact and conclusions of law. Fed. R. Bankr.P. 7052 and 9014.

This case provides the court with the opportunity to re-examine and clarify its prior decision in In re Armstrong, 320 B.R. 97 (Bankr.N.D.Tex.2005),1 in light of another In re Armstrong opinion issued by Judge Ron Clark of the United States District Court for the Eastern District of Texas. See In re Armstrong, No. 4-11-cv-772, 2012 WL 4355464 (E.D.Tex. Sept. 21, 2012). In the Eastern District’s Armstrong case, Judge Clark affirmed the decision of Judge Brenda T. Rhoades, Chief U.S. Bankruptcy Judge for the Eastern District of Texas, in In re Davis, No. 09-42865, 2011 WL 1302222 (Bankr.E.D.Tex. Mar. 31, 2011). The two decisions from the Eastern District of Texas raise as their primary issues (1) whether a proof of claim may be disallowed as a claim against the estate where the only basis for an objection to that claim is a lack of written documentation supporting the claim, and (2) the propriety of the filing of blanket objections to unsecured proofs of claim on the ground that the proofs of claim lack sufficient documentation. While the N.D. Armstrong decision arose in the plan confirmation context, it also discusses these two issues.

Some procedural background respecting the Eastern District of Texas’ Davis and Armstrong decisions and the N.D. Armstrong decision will be helpful to an understanding of the court’s legal analysis of the issues raised by the Debtors’ claim objections here.

I. PROCEDURAL BACKGROUND OF THE DAVIS AND ARMSTRONG DECISIONS IN THE EASTERN DISTRICT OF TEXAS

Diane M. Davis (“Davis”) filed a voluntary petition for relief under Chapter 13 in the Eastern District of Texas in 2009. Her bankruptcy counsel was the firm of Armstrong Kellett Bartholow P.C. (the “Armstrong Firm”). Davis successfully obtained confirmation of a Chapter 13 plan which, among other things, proposed to pay her unsecured creditors in full. After confirmation, Davis objected to the claims of all of her unsecured creditors on the ground that the creditor “did not attach sufficient documents to account for the amount of the debt allegedly owed, to establish that the debt alleged is a legal obligation of Debtor, or that state the terms of the account or debt.” In re Davis, 2011 WL 1302222 at *4. Davis had listed the claims on Schedule F as being “disputed” and submitted affidavits in support of her claim objections which stated that she could not:

[762]*762determine that the amount stated on the claim is accurate because there are no ledgers or other accounting records attached to the proof of claim ... [and] due to the lack of documentation provided by the claimant, she cannot verify the account, establish that the charges were made within the limitations period, or determine whether the claim was enforceable against her.

Id.

Several creditors responded to the claim objections, and Davis promptly withdrew her objections as to the claims of creditors who responded. The Davis court noted that the Armstrong Firm had orally represented that it had withdrawn the objections because the creditors had provided it with sufficient documents to establish their claims, but the Armstrong Firm failed to present any evidence supporting this representation or establishing what documents had been provided to it. Id. at *5.

On July 21, 2010, the bankruptcy court conducted a hearing on the remaining claim objections, and the Armstrong Firm appeared without the debtor. The Armstrong Firm argued that it (i) did not need to conduct any investigation of its client’s records prior to filing a claim objection, (ii) did not need to assert a substantive objection to a proof of claim, and (iii) had complied with the N.D. Armstrong decision because the firm had withdrawn the claim objections to the extent that the creditors responded.2 At the July 21 hearing, Judge Rhoades raised her concerns:

The concern is that you objected to every single unsecured claim in this case. That every single unsecured claim [objection] which was responded to, the objection to the claim was withdrawn. The concern is that the debtor, in fact, has some liability and she doesn’t deny she has liability. And you’re asking this Court to disallow those claims based on the lack of documentation. And the debtor’s only source for the objection is based on her review of the proof of claim, but her own knowledge of documents, statements sent to her. And it appears to the Court that you’re playing games ... It looks like you’re trying to disallow claims for which the debtor has liability based on a narrow reading of a proof of claim only and not based on the debtor’s own personal knowledge ... including her obligation to properly file schedules in this case.

Tr. July 21, 2010, 7: 6-21 (E.D. Tex.). The Davis court therefore scheduled a hearing to provide Davis with the opportunity to present testimony regarding any substantive objections to the claims she had, as well as to explain what investigation she did prior to filing each claim objection.

At the continued hearing on September 29, 2010, the Armstrong Firm appeared and represented that Davis was in the courtroom, but did not offer her testimony and failed to establish substantive grounds for disallowance of the claims. Instead, the Armstrong Firm filed a brief and made legal arguments respecting the burden of proof under Fed. R. Bankr.P. 3001, see Davis, 2011 WL 1302222 at *6; see also Doc. No. 65, Case No. 09-42865, and cited heavily to the N.D. Armstrong decision. In re Armstrong, 320 B.R. 97. Following [763]*763a brief legal argument, the Davis court took the matter under advisement.

On March 31, 2011, Judge Rhoades issued her decision. In re Davis, No. 09-42865, 2011 WL 1302222 (Bankr.E.D.Tex. Mar. 31, 2011). As Judge Rhoades described the issues before her, she noted:

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Bluebook (online)
486 B.R. 759, 69 Collier Bankr. Cas. 2d 1, 2013 WL 620446, 2013 Bankr. LEXIS 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brunson-txnb-2013.