In re Hunt

521 B.R. 479, 2014 Bankr. LEXIS 4681, 2014 WL 5804531
CourtUnited States Bankruptcy Court, M.D. Pennsylvania
DecidedNovember 10, 2014
DocketNo. 1:14-bk-00356 RNO
StatusPublished
Cited by1 cases

This text of 521 B.R. 479 (In re Hunt) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Hunt, 521 B.R. 479, 2014 Bankr. LEXIS 4681, 2014 WL 5804531 (Pa. 2014).

Opinion

OPINION1

ROBERT N. OPEL, II, Bankruptcy Judge.

Before the Court is Rite Aid Hdqtrs. Corp.’s (“Rite Aid”) Motion to Dismiss the Chapter 7 Bankruptcy Petition of Robert A. Hunt (“Debtor”) pursuant to 11 U.S.C. § 707(a)2 (“Motion”). For the reasons stated below, the Motion is denied.

I. Jurisdiction

The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and 157(a), (b)(1). This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (0).

II. Facts and Procedural History

Rite Aid’s claim against the Debtor was the subject of prepetition litigation. In June of 2009, Rite Aid sued the Debtor, along with other parties, in Pennsylvania State Court (“State Court Litigation”). Motion (1) to Dismiss Debtor’s Chapter 7 Bankruptcy Case or, in the Alternative, (2) to Compel Debtor to Comply with the Court’s Order and for Sanctions, ¶¶ 6-7, August 14, 2014, ECF No. 34 [hereinafter ECF No. 34], Rite Aid sought damages of $2,132,541 in its State Court Litigation claim of unjust enrichment and conversion against the Debtor. ¶ 7, ECF No. 34.

The Motion alleges that three business days prior to the scheduled trial in the State Court Litigation, the Debtor filed his January 29, 2014, Chapter 7 voluntary petition. Id. The State Court Litigation was stayed by the Debtor’s bankruptcy filing. Id. at ¶ 21.

Rite Aid commenced an adversary proceeding (“Adversary Proceeding”) on April 30, 2014, against the Debtor filed to adversary case number 14-ap-00096. In the Adversary Proceeding, Rite Aid seeks to except its claim from any Chapter 7 discharge.

On March 25, 2014, Rite Aid moved, pursuant to Federal Rules of Bankruptcy Procedure (“FRBP”) 2004 (“Rule 2004 Motion”), for an order seeking production of documents and a deposition of the Debtor. Debtor’s Response and Objection to Motion of Rite Aid Hdqtrs. Corp. (1) to Dismiss Debtor’s Chapter 7 Bankruptcy Case or, in the Alternative (2) to Compel Debtor to Comply With the Court’s Order and for Sanctions and Cross-Motion for Relief From Order, ¶ 10, November 5, 2014, ECF No. 37 [hereinafter ECF No. 37]. On May 22, 2014, an Order granting an FRBP 2004 examination was entered (“Rule 2004 Order”). Order Granting Motion for Examination under Rule 2004 of Robert Aaron Hunt, May 22, 2014, ECF No. 29. Rite Aid served the Debtor with a Notice of Rule 2004 Examination and a revised document request to comply with the Rule 2004 Order on June 4, 2014. ¶ 10, ECF No. 34. The Notice of Rule 2004 Examination [482]*482scheduled the examination to occur on June 18, 2014. Id. However, due to the Debtor’s health problems, the Debtor and Rite Aid agreed to reschedule the examination. Id. at ¶ 11. The Debtor produced some responsive documents on July 11, 2014. Id. at ¶ 12.

Essentially, Rite Aid provides three reasons why I should dismiss the Debtor’s Chapter 7 bankruptcy petition. First, that the Debtor’s alleged failure to comply with the Rule 2004 Order, which required the Debtor to produce documents and to attend a Rule 2004 Examination, warrants dismissal of the Debtor’s bankruptcy petition. ECF No. 35. Second, Rite Aid alleges that the Debtor’s “schedules and representations” demonstrate that the bankruptcy petition was filed in bad faith because the Debtor does not seek a fresh start through this bankruptcy, but instead seeks to avoid a single debt, the debt owed to it. Id. Third, Rite Aid alleges that the bad faith nature of the filing is shown by the Debtor continuing to lead an extravagant lifestyle and his ability to pay his debts.

The Debtor counters Rite Aid’s three assertions. First, the Debtor asserts that Rite Aid has failed to allege any prejudice as the result of the Debtor’s inability to attend the Rule 2004 Examination. ¶ 22, ECF No. 37. Second, that Rite Aid is not the sole creditor of the Debtor and, thirdly, that the Debtor does not live an extravagant lifestyle. Id. at ¶¶ 31-47.

Federal Rule of Bankruptcy Procedure 1017(f) provides the procedural requirements for dismissal and states that FRBP 9014 governs a proceeding to dismiss a case. Fed. R. Bankr.P. 1017(f). Federal Rule of Bankruptcy Procedure 9014 states that in a contested matter, relief shall be requested by motion, and reasonable notice and an opportunity for hearing shall be afforded the party against whom relief is sought. Fed. R. Bankr.P. 9014(a).

Rite Aid served the Motion on August 14, 2014, with proper notice as required by FRBP 9014. Rite Aid has filed its brief in support of its Motion and the Debtor has filed his opposition brief. On September 18, 2014, pursuant to FRBP 9014, a hearing was held on the Motion. At that time the parties stipulated that the claims against the Debtor were primarily non-consumer debts and not subject to § 707(b). The Motion is now ripe for decision.

III. Discussion

Whether or not to dismiss a bankruptcy petition is guided by equitable principles. In re Marks, 174 B.R. 37, 39 (E.D.Pa.1994). Section 707 of the Bankruptcy Code provides that:

(a) The court may dismiss a case under this chapter only after notice and a hearing and only for cause, including&emdash;
(1) unreasonable delay by the debtor that is prejudicial to creditors;
(2) nonpayment of any fees or charges required under chapter 123 of title 28; and
(3) failure of the debtor in a voluntary ease to file ... the information required by paragraph (1) of section 521(a), but only on a motion by the United States trustee.
(b)(1) After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee (or bankruptcy administrator, if any), or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtor’s consent, convert such a case to a case under chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter.

[483]

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Related

In re Campbell
598 B.R. 775 (M.D. Pennsylvania, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
521 B.R. 479, 2014 Bankr. LEXIS 4681, 2014 WL 5804531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hunt-pamb-2014.