In re Mohr

538 B.R. 882, 2015 Bankr. LEXIS 3231, 2015 WL 5645197
CourtUnited States Bankruptcy Court, S.D. Georgia
DecidedSeptember 24, 2015
DocketCase Number 13-11606
StatusPublished
Cited by10 cases

This text of 538 B.R. 882 (In re Mohr) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Mohr, 538 B.R. 882, 2015 Bankr. LEXIS 3231, 2015 WL 5645197 (Ga. 2015).

Opinion

OPINION AND ORDER

SUSAN D. BARRETT, CHIEF UNITED STATES BANKRUPTCY JUDGE

Before the Court are the issues of whether Christopher Garrett Mohr (“Debtor”) has standing as a chapter 7 debtor to object to the proofs of claim and motion for relief filed by RREF II WBC Acquisitions, LLC (“RREF”), and whether RREF has standing to file a motion for relief and defend against Debtor’s objection to its proofs of claim. For the following reasons, the Court finds that Debtor lacks standing to object to the claims of RREF and to oppose the motion for relief and RREF has standing to file a motion for relief from stay and defend its claims. Furthermore, the Court finds the property that is the subject of RREF’s motion for relief is not property of Debtor’s bankruptcy estate and therefore not subject to the § 362 stay, and alternatively, to the extent necessary, relief from the stay is granted.

FINDINGS OF FACT

RREF filed fourteen proofs of claims in Debtor’s bankruptcy case totaling $1,247,317.90. These claims arise from Debtor’s personal guaranty of fourteen loans made to Brooks Mohr Builders, LLC (“BMB”). The loans to BMB were to finance the purchase and construction of residential dwellings. Debtor, through another corporation, Chris Mohr Enterprises, Inc., holds a 50% membership in BMB. Neither BMB nor Chris Mohr Enterprises, Inc. are in bankruptcy or protected by the § 362 automatic stay. Debtor objects to each RREF claim and its motion for relief from stay arguing RREF lacks standing to maintain and defend any action in this Court because it has failed to qualify to do business in Georgia in accordance with O.C.G.A. § 14 — 11—711(a).1 Conversely, RREF asserts Debtor lacks standing in this chapter 7 bankruptcy case because a chapter 7 trustee (“Trustee”) has been appointed and duly performing his duties and [884]*884because Debtor lacks a pecuniary interest in this bankruptcy case.

CONCLUSIONS OF LAW

Debtor’s Standing.

To have standing in a bankruptcy case, courts consider two matters—constitutional requirements and prudential factors. See E.F. Hutton & Co. v. Hadley, 901 F.2d 979, 984 (11th Cir.1990) (“In order to analyze standing, the Supreme Court has formulated a two-component framework, consisting of ‘irreducible’ constitutional requirements and prudential considerations.”) citing Valley Forge Christian College v. Americans United for Separation of Church & State, 454 U.S. 464, 472, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982); In re Ring, 178 B.R. 570, 575 (Bankr.S.D.Ga.1995) (“A plaintiff must overcome a number of constitutional and ‘prudential’ hurdles in order to gain standing in federal court.”). The United States Supreme Court set forth a three-part test for constitutionally mandated standing:

First, the plaintiff must have suffered an “injury in fact”—an invasion of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical. Second, there must be a causal connection between the injury and the conduct complained of—the injury has to be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party not before the court. Third, it must be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.

Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). For the reasons discussed in this opinion, Debtor lacks an injury in fact caused by RREF that may be redressed by a favorable decision, where the Trustee is performing his duties, a surplus is not reasonably likely to be generated, and Debtor has received a chapter 7 discharge. The bankruptcy discharge relieved Debtor from all personal liability in regards to the guaranties. For these reasons, Debtor lacks constitutional standing to object to RREF’s claims.

Debtor also lacks a pecuniary interest sufficient to have standing to object to the claims. “Bankruptcy standing is narrower than Article III standing ... [T]o have standing to object to a bankruptcy order, a person must have a pecuniary interest in the outcome of the bankruptcy proceedings.” In re Cult Awareness Network, Inc., 151 F.3d 605, 607 (7th Cir. 1998). Pursuant to § 502(a) a filed proof of claim is deemed allowed unless a “party in interest” objects. 11 U.S.C. § 502(a). Bankruptcy Rule 3007 states:

An objection to the allowance of a claim shall be in writing and filed. A copy of the objection with notice of the hearing shall be mailed or otherwise delivered to the claimant, the debtor or debtor in possession, and the trustee at least 30 . days prior to the hearing.

Fed. R. Bankr. P. 3007. The Advisory Committee Note to Bankruptcy Rule 3007 explains:

While the debtor’s other creditors may make objections to the allowance of a claim, the demands of orderly and expeditious administration have led to a recognition that the right to object is generally exercised by the trustee. Pursuant to § 502(a) of the Code, however, any party in interest may object to a claim. But under § 704 the trustee, if any purpose would be served thereby, has the duty to examine proofs of claim and object to improper claims.

Fed. R. Bankr. P. 3007 advisory committee’s note.

[885]*885Generally in a chapter 7 bankruptcy case, the chapter 7 trustee is the proper party to review and object to proofs of claim. See In re Trusted Net Media Holdings, LLC, 334 B.R. 470, 475 (Bankr.N.D.Ga.2005)(“the majority of courts have ruled that a chapter 7 trustee alone may file objections to proofs of claim”). Most courts have held that a chapter 7 debtor is not a “party in interest” with standing to object to the claim because claim allowance/disallowance in a chapter 7 bankruptcy case normally only affects the pecuniary rights of creditors, namely the amount available for distribution to such creditors. In re Cult Awareness Network, Inc., 151 F.3d 605, 607 (7th Cir.1998) (“[T]o have standing to object to a bankruptcy order, a person must have a pecuniary interest in the outcome of the bankruptcy proceedings.”); see also In re Costello, 184 B.R. 166, 168 (Bankr.M.D.Fla.1995). However, courts have carved out some exceptions to this general rule such as: when the chapter 7 trustee refuses to or neglects to perform his duty under § 704 (a)(5) regarding objecting to improper claims; when the chapter 7 case is reasonably likely to be a surplus case; or when the debt at issue is one that may not be subject to discharge. See Caseria v. Tobin, 175 B.R.

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Cite This Page — Counsel Stack

Bluebook (online)
538 B.R. 882, 2015 Bankr. LEXIS 3231, 2015 WL 5645197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mohr-gasb-2015.