In re Durant

586 B.R. 212
CourtUnited States Bankruptcy Court, D. Maryland
DecidedJune 19, 2018
DocketCase No. 17–20232–MMH
StatusPublished
Cited by5 cases

This text of 586 B.R. 212 (In re Durant) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Durant, 586 B.R. 212 (Md. 2018).

Opinion

MICHELLE M. HARNER, U.S. BANKRUPTCY JUDGE

This matter presents what would appear to be a relatively simple question-i.e., what qualifies as a "consumer debt" under the U.S. Bankruptcy Code.1 But appearances can be deceiving. The Code defines a consumer debt as one incurred for a personal, family, or household purpose. 11 U.S.C. § 101(8). The purpose of the debt is the critical inquiry. The debt at issue in this matter is multi-faceted and, as such, has potentially more than one purpose. It arises both from use of certain specified funds by one of the above-captioned Debtors, as well as from a state court judgment imposing actual damages, non-economic damages, and punitive damages. As more fully explained below, based on a review of the relevant facts and applicable law, the Court concludes that a portion of the subject debt qualifies as a consumer debt for purposes of sections 101(8) and 707(b) of the Code. The Court does not determine whether this conclusion requires the dismissal or, with the Debtors' consent, conversion of the Debtors' chapter 7 case under section 707(b). That determination must await additional briefing and action by the parties.

I. Relevant Background

Damond Durant, Sr. (the "Debtor") and Sharae Durant (collectively with the Debtor, the "Debtors") filed this chapter 7 case on July 28, 2017. The Debtors list approximately $452,146.00 in debt on the schedules to their chapter 7 petition. The overwhelming majority of this debt relates to a single judgment entered against the Debtor by the Circuit Court for Baltimore City on April 12, 2016 (the "State Court Judgment"). See Ex. 2, Mot. Part. Summ. J., ECF 29-2. The State Court Judgment is based on the Debtor's conduct with respect to certain inheritance funds in the amount of $75,803.83 (the "Inheritance Funds") belonging to the Debtor's son, Damon Durant, Jr. (the "Creditor").See id. ; see also Transcript of Feb. 17, 2016 State Court Hearing ("State Court Tr.") 36-41.2

*215The Creditor's late grandmother left him the Inheritance Funds in her Last Will and Testament (the "Will"). See Mot. Part. Summ. J. at 3, ECF 29. Under the terms of the Will, the Debtor was given custody of the Inheritance Funds because the Creditor was still a minor at the time. Id. When the Creditor turned 21 years old, the Debtor gave him $100.00. Id. According to the Creditor, the Debtor told him that the remainder of the Inheritance Funds was gone and that he should do whatever he needed to do. Id. ; State Court Tr. 19-20.

The Creditor initiated litigation against the Debtor in the Circuit Court for Baltimore City (the "State Court") on January 16, 2015. The Creditor's complaint against the Debtor contained four counts sounding in fraud/intentional theft, breach of fiduciary duties, conversion, and unjust enrichment. See Ex. 2, Mot. Part. Summ. J., ECF 29-2. The complaint sought actual damages, attorneys' fees, and other appropriate relief. Id. The State Court's docket indicates that the Writ of Summons was served on the Debtor on March 19, 2015, but that no Answer or other response was filed by the Debtor.3 See Ex. F, Durant Mot. Summ. J., ECF 24-7. Accordingly, the State Court entered a default judgment against the Debtor on September 29, 2015. See id.

The State Court then held an evidentiary hearing on damages relating to the default judgment. Only the Creditor and his counsel appeared at the damages hearing. See State Court Tr. 37. The State Court proceeded to hear evidence on the damages request, including the Creditor's testimony. The Creditor testified that the Debtor would not allow him to use any of the Inheritance Funds until he turned 21 years old, but then when he requested the money, the Debtor told him that all of the money was gone. See id. at 14-16, 18-20. Although the Creditor testified that he did not know what happened to the money, he observed certain changes in the Debtor's spending habits, including the purchase of a motorcycle shortly after the Debtor received the Inheritance Funds, and various vacations that the Debtor and his wife took after that time. See id. The State Court made several findings and observations in connection with that matter, including:

• "[The Debtor] has failed to appear having been given notice of today's hearing, having failed to respond to any process or notices from this Court." Id. at 37.
• "I've looked at the conduct of [the Debtor] and I find it to be, as I said at the outset, aside from being heartbreaking to hear that somebody's been treated like this, it's reprehensible." Id. at 39.
• "The fact that [the Debtor] made repeated statements to [the Creditor] knowing full well that they were false, that he couldn't touch the money while he was spending it on himself, to me, clearly shows, by clear and convincing evidence, that there was actual malice, that [the Debtor] knew exactly what he was doing." Id.

After a full review of the record, the State Court entered the State Court Judgment, awarding the Creditor $75,804.83 in actual damages ("Actual Damages"), $70,000.00 in *216non-economic damages ("Non-Economic Damages"), and $227,414.49 in punitive damages ("Punitive Damages"). See Ex. 2, Mot. Part. Summ. J., ECF 29-2.

The United States Trustee ("U.S. Trustee") filed a Motion to Dismiss Case ("Motion to Dismiss") on November 6, 2017. ECF 18.

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Cite This Page — Counsel Stack

Bluebook (online)
586 B.R. 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-durant-mdb-2018.