In re Dickerson

510 B.R. 289, 71 Collier Bankr. Cas. 2d 705, 2014 WL 1761952, 2014 Bankr. LEXIS 1975
CourtUnited States Bankruptcy Court, D. Idaho
DecidedMay 1, 2014
DocketNo. 11-02153-JDP
StatusPublished
Cited by10 cases

This text of 510 B.R. 289 (In re Dickerson) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Dickerson, 510 B.R. 289, 71 Collier Bankr. Cas. 2d 705, 2014 WL 1761952, 2014 Bankr. LEXIS 1975 (Idaho 2014).

Opinion

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Introduction

On February 4, 2014, chapter 71 debtors Lome and Crystal Dickerson (“Debtors”) filed a Motion for Contempt (the “Motion”) alleging that creditor Collection Bureau, Inc. (“Collection”) had violated the § 362(a) automatic stay and the § 524(a) discharge injunction in their bankruptcy case. Dkt. No. 32. Collection filed an objection to the Motion on February 18, 2014, generally denying that it should be found to be in contempt. Dkt. No. 37.

On March 4, 2014, the Court conducted an evidentiary hearing concerning the Motion at which the parties appeared, presented evidence and testimony, and argued their respective positions. Dkt. No. 49. At the conclusion of the hearing, the Court took the issues under advisement.

The Court has considered the evidence, testimony, and arguments of the parties. This Memorandum of Decision constitutes the Court’s findings of fact and conclusions of law,2 and disposes of the Motion.

Facts

Prior to Debtors’ bankruptcy filing, several creditors assigned their claims against Debtors to Collection. See Collection’s State Court Complaint, Exh. 104. After purportedly making a demand on Debtors to pay the amounts it claimed were due, Collection filed a complaint against Debtors in Idaho’s Fourth District Court on October 14, 2010, (the “Complaint”), seeking a money judgment for each of the assigned debts. Id. at 1. The Complaint contained six counts: Count 1-for $32.79 plus interest, alleged to be owed to Saltzer Medical; Count 2-for $661.87 plus interest, alleged to be owed to Anytime Fitness; Count 3-for $3,111. 19 plus interest, alleged to be owed to St. Luke’s Woman’s Clinic; Count 4 — for $54.45 alleged to be owed to Canyon County (the “County”) for case number 6549-N; Count 5 — for $71.10 alleged to be owed to the County for case number 6549-N; and Count 6 — for $166.60 alleged to be owed to the County for case number 7554-C. Id.

The amounts sought by Collection, as the assignee of the County, were purportedly for fines associated with criminal charges against Mr. Dickerson. Notwithstanding the amounts alleged by Collection in the Complaint to be owed by Mr. Dickerson for fines (ie., Counts 4-6), based upon the documentary evidence admitted at the hearing, see Exhs. 101 and 102, and the testimony of Anna Hernandez, a Court Financing Supervisor for the County, all of these fines appear to have been paid by Debtors directly to the County before Collection filed the Complaint, except for $150.00. However, that amount was paid by Debtors directly to the County on May 4, 2012.

Debtors did not respond to the Complaint, and on June 21, 2011, Collection obtained a default judgment against Debtors for eight different debts, not six, in the total amount of $8,635.61. See Exhs. 106 and 107.3 Shortly after the default judg[293]*293ment was entered, on July 8, 2011, Collection caused a writ of garnishment to be issued by the clerk, which directed the Ada County Sheriff (the “Sheriff’) to garnish Mr. Dickerson’s wages. Exh. 108.

In response to the garnishment, on July 14, 2011, Debtors filed their chapter 7 petition. Dkt. No. 1. They listed Collection as a creditor in their schedules, Exh. 109, and Collection was sent a notice informing it of the bankruptcy filing by the Bankruptcy Noticing Center. Dkt. No. 12. Without opposition from Collection, Debtors received a discharge on October 17, 2011. Dkt. No. 26. Notice of the entry of the discharge was also sent to Collection. Dkt. No. 28. The bankruptcy case was closed on October 19, 2011. Dkt. No. 27.

When Debtors’ bankruptcy case was filed, the Sheriff released the outstanding writ of garnishment on August 10, 2011. Exh. 110. It appears no other action was taken by Collection against Debtors during the pendency of the bankruptcy case.

However, on November 2, 2011, after Debtors’ discharge was entered and the bankruptcy case was closed, Collection obtained a second writ of garnishment from the state court to collect a “Balance Now Due” on the default judgment of “$8,849.98.” Exh. 111. The Sheriff served this writ of execution on Mr. Dickerson’s employer on November 17, 2011, but later received instructions from Collection on November 21, 2011, “to withhold further action ... due to bankruptcy.” Exhs. 112 and 113. On that same date, Debtors’ bankruptcy counsel sent a faxed a copy of the discharge order to the Sheriff, to counsel for Collection, Mark L. Clark, PLLC (“Clark PLLC”), and to Mr. Dickerson’s employer, requesting that they all “please cease the garnishment ordered ... for debts [discharged in [Debtors’] bankrupt-cy_” Exh. 114.

Undeterred, on December 2, 2011, Collection obtained yet another writ of garnishment, this time in the reduced amount of $656.81 reflecting what it characterized as an “amount credited [of] $8,193.17” against the judgment debt.4 The Sheriff served this writ on Mr. Dickerson’s employer, Exh. 116, and on December 23, 2011, Debtors’ bankruptcy counsel sent another letter to Clark PLLC warning that this second attempt to collect the judgment debt was “a violation of [Debtors’] rights under 11 U.S.C. § 727(b).” Exh. 117. Along with this letter, Debtors’ counsel included copies of Debtors’ bankruptcy petition and the discharge order. Id. On January 5, 2012, Clark PLLC responded to the letter, and for the first time advised Debtors’ counsel that, in counsel’s opinion, “[t]he amount that [Collection] is pursuing through garnishment of your client’s wages is for Canyon County fines. As you know, these fines are not dischargeable through bankruptcy.” Exh. 119.

The record does not reflect that Debtors answered, or took any action, in response to Collection’s letter. On April 17, 2012, Collection obtained another writ of garnishment, this one for $734.55, that was again served on Mr. Dickerson’s employer. Exh. 121. However, on May 9, 2012, the [294]*294Sheriff received notice from Collection’s attorneys to withhold further action on this writ. Exh. 126.

After this garnishment attempt, on May 9, 2012, Debtors’ attorneys sent Clark PLLC a letter which conceded that, under § 523(a)(7), any “fines” Mr. Dickerson might owe to the County were not discharged in Debtors’ bankruptcy.5 However, in the letter, Debtors’ counsel advised Collection’s lawyers that Mr. Dickerson had paid any fines due to the County for case number 7554-C (ie., Count 6 of the Complaint) on May 4, 2012, with a cash payment of $150. Exh. 125. The letter insisted that any additional interest and costs that had been added to the fine amounts, which Collection was apparently trying to recover via the garnishments, were discharged in the bankruptcy case. Finally, the letter asked Collection to provide an accounting to Debtors of how it had calculated the undischarged amounts remaining due on the judgment. Exh. 122.

There is nothing in the record to show that Collection responded to the letter requesting an accounting or to Debtors’ attorney’s contention that the additional amounts for fees and costs had been discharged in Debtors’ bankruptcy, for over a year.

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Cite This Page — Counsel Stack

Bluebook (online)
510 B.R. 289, 71 Collier Bankr. Cas. 2d 705, 2014 WL 1761952, 2014 Bankr. LEXIS 1975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dickerson-idb-2014.