In re Grason

486 B.R. 448, 69 Collier Bankr. Cas. 2d 197, 2013 WL 412916, 2013 Bankr. LEXIS 416
CourtUnited States Bankruptcy Court, C.D. Illinois
DecidedFebruary 1, 2013
DocketNo. 09-71353
StatusPublished
Cited by4 cases

This text of 486 B.R. 448 (In re Grason) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Grason, 486 B.R. 448, 69 Collier Bankr. Cas. 2d 197, 2013 WL 412916, 2013 Bankr. LEXIS 416 (Ill. 2013).

Opinion

OPINION

MARY P. GORMAN, Chief Judge.

An old adage warns that bad facts make bad law.1 The theory behind the adage is that when the equities in a case favor a result that is contrary to a strict reading of the law, a court may be inclined to carve out an exception to the law or develop a strained interpretation of the law to reach the desired equitable result. But, when the law has been manipulated to reach the desired result in one case, the precedent set may result in undesired results in other cases. Thus, courts are cautioned that yielding to the equities in a case, despite contrary law, may result in the making of bad law. In this case, the Court is being urged, in the face of bad facts, to make bad law.

Before the Court is Karl Meurlot’s Motion for Relief from Stay in this reopened case. Mr. Meurlot is not now, nor has he ever been, a creditor of the Debtor. Rather, he was the buyer at a sheriffs sale of real estate owned by the Debtor. The sheriffs sale took place literally minutes after this case was filed and, accordingly, occurred in violation of the automatic stay. After learning of this case filing, the foreclosing creditor, HSBC Bank U.S.A., took no action to seek relief from or annulment of the stay but, instead, proceeded to obtain a state court order confirming the sale. Relying on the sale confirmation, Mr. Meurlot obtained a state court order placing him in possession of the property. Now, more than three years after the sheriffs sale and after the Appellate Court of Illinois has twice reversed the state court orders, at least in part, because of the Debtor’s claims that the sheriffs sale violated the stay, Mr. Meurlot, but not HSBC Bank U.S.A., seeks relief from this Court.

[452]*452Mr. Meurlot claims that he has made a significant financial investment in the property he purchased and that he will be irreparably harmed unless this Court either finds that no stay took effect upon the filing of this case or annuls the stay that did take effect. He asserts that the Debt- or has abused the system by filing multiple bankruptcies and that HSBC Bank U.S.A. will get a windfall if the original sale is vacated and a new sale of the now-much-improved and more valuable property occurs. Because he claims to be the least culpable of the all of the players here, Mr. Meurlot asks the Court to ignore the obvious defects in his arguments and simply make things right for him. For the reasons set forth below, this Court must decline to do so and will deny the Motion for Relief from Stay.

I. FACTUAL & PROCEDURAL BACKGROUND

The facts of this case are complex but undisputed.2 Debtor, Anthony James Gra-son (“Debtor”), has filed three Chapter 13 bankruptcy cases in this Court. The first case (No. 08-71631) was filed July 8, 2008. In that case, HSBC Bank U.S.A. (“HSBC”) filed a Motion for Relief from the Automatic Stay, alleging that the Debtor was in default on post-petition mortgage payments for the property at 4202 West Route 36 in Decatur, Illinois. HSBC sought relief from the stay to foreclose on that property. Although the Debtor objected to HSBC’s motion, after a hearing held November 20, 2008, the Court granted HSBC relief from the automatic stay.

On November 11, 2008, the Chapter 13 Trustee (“Trustee”) filed a motion to dismiss the Debtor’s first case. The Trustee alleged that the Debtor had failed to provide copies of required tax returns and pay advices in a timely manner. After a hearing, the case was dismissed on December 8, 2008.

The Debtor filed this case on May 5, 2009. The Debtor filed his petition in person at 8:37 a.m. and the petition was uploaded into the Court’s electronic filing system at 9:02 a.m. the same day. With his petition, the Debtor filed an Exhibit D — Individual Debtor’s Statement of Compliance with Credit Counseling Requirement, which stated that he had obtained the requisite credit counseling but did not yet have the certificate from the counseling agency. The form admonishes debtors that the certificate must be filed within fifteen days after the case filing.

Because the Debtor failed to provide his certificate of credit counseling within the fifteen days allotted, this case was dismissed on May 21, 2009. Later that same day, an attorney entered an appearance for the Debtor and filed a credit counseling certificate evidencing that the Debtor had obtained the counseling on April 13, 2009. The certificate was docketed as a Motion to Reinstate Case but the filing consisted solely of the certificate. Still later that same day, the Debtor’s attorney filed a [453]*453Supplemental Motion to Reinstate Case which included another copy of the certificate of credit counseling and a request that the case be reinstated. At a hearing on June 2, 2009, the Debtor’s attorney appeared and told the Court that, although the Debtor might be entitled to reinstatement because he actually had met his credit counseling obligation, the attorney did not have sufficient information to file the Debtor’s schedules and other required documents in a timely fashion. Further, the attorney realized that, because of the earlier case filing within one year of this case filing, a motion to extend the stay should have been filed. But, such a motion could no longer be filed and heard within the thirty days after case filing time limit. Accordingly, the attorney asked that his Supplemental Motion to Reinstate be denied. The Court entered an order that day denying the motion.

The Debtor filed his third case (No. 09-72064) on July 13, 2009. The case was dismissed the next day because the Debtor failed to file a credit counseling certificate or a request to have the filing of the certificate waived or excused. On July 16th, the Debtor filed a motion to reinstate the case and a copy of his April 13th credit counseling certificate. The case was reinstated on August 11, 2009. Within two weeks of the case being reinstated, however, the Trustee filed a motion to dismiss because the Debtor had failed to commence plan payments within thirty days of the case filing. After the Debtor failed to timely object to the Trustee’s motion, the case was dismissed on September 23, 2009.

While Debtor’s three bankruptcy cases were pending, a lawsuit filed by HSBC against the Debtor in the Circuit Court of Macon County, Illinois, to foreclose on a mortgage on the property at 4202 West Route 36, Decatur, Illinois, was also proceeding. The case was filed in March 2008. On June 17, 2008, the state court entered a default judgment and a judgment of foreclosure and sale against the Debtor. On February 19, 2009, HSBC filed a notice of sheriffs sale, which was then continued twice by HSBC, and finally set for May 5, 2009, at 8:30 a.m. On May 4, 2009, the Debtor, through counsel, filed an emergency motion for a 30-day stay of the sheriffs sale. Arguments on the Debtor’s motion were heard the next morning before the sale took place. Because the state court denied the motion, the sheriffs sale went forward thereafter.

At the sheriffs sale, Cynthia Deadrick and Mark Wolfer were the high bidders with a bid of $260,401, which they apparently made on behalf of Mr. Meurlot. The bid left the Debtor with a deficiency of $215,543.28 due to HSBC. The state court continued hearing on the confirmation of the sale until May 26, 2009.

Neither the Debtor nor his attorney were present at the May 26th confirmation hearing. However, Mr. Meurlot and an attorney for HSBC were present at the hearing and represented to the court that the Debtor might be in bankruptcy.

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Cite This Page — Counsel Stack

Bluebook (online)
486 B.R. 448, 69 Collier Bankr. Cas. 2d 197, 2013 WL 412916, 2013 Bankr. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-grason-ilcb-2013.