In re Murdaugh Volkswagen, Inc.

82 B.R. 416, 1987 Bankr. LEXIS 2133, 1987 WL 39477
CourtDistrict Court, E.D. South Carolina
DecidedDecember 18, 1987
DocketBankruptcy No. 77-48
StatusPublished

This text of 82 B.R. 416 (In re Murdaugh Volkswagen, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Murdaugh Volkswagen, Inc., 82 B.R. 416, 1987 Bankr. LEXIS 2133, 1987 WL 39477 (southcarolinaed 1987).

Opinion

J. BRATTON DAVIS, Chief Judge.

Before the court is the trustee’s objection to two proofs of claim filed by Eunice B. Murdaugh (Mrs. Murdaugh) on June 22, 1987. The trustee objects to the claims on the grounds that they were not timely filed and were not sufficiently documented or supported.

FACTS

1. Murdaugh Volkswagen, Inc., filed its petition for relief under Chapter XI of the Bankruptcy Act of 1898, as amended, on February 17, 1977. On the same day, this court issued an “Order for First Meeting of Creditors Combined with Notice Thereof and of Automatic Stay” in the proceedings for an arrangement under chapter XI for Murdaugh Volkswagen, Inc. The order, just described, contains the following language:

In order to have his claim allowed so that he may share in any distribution under a confirmed plan, a creditor must file a claim, whether or not he is included in the schedule of creditors filed by the debtor. Claims that are not filed will not be allowed except as otherwise provided by law.

2. Mrs. Murdaugh is the sole stockholder, a director and the president of Mur-daugh Volkswagen, Inc. Her name appears on the mailing matrix which was filed with the clerk of court and which accompanied the petition which was filed on February 17, 1977.

3. The petition of Murdaugh Volkswagen, Inc., filed on February 17, 1977, states, • inter alia, that “attached hereto and marked Exhibit “B” is a list of creditors of the petitioner herein.” Exhibit “B”, however, is not attached to the petition as [417]*417described. One page of the mailing matrix is labeled “(Exhibit B)”. The mailing matrix lists an amount beside each name and address and contains the following entry:

Eunice B. Murdaugh
Murdaugh Volkswagen, Inc.
1080 Morrison Drive
Charleston, S.C. $224,000.

4. On April 6, 1977, the Bankruptcy Court issued a notice and order directing the debtor to file its plan of arrangement no later than April 15, 1977, with the notice being mailed to the ten largest creditors.

5. On April 20, 1977, Murdaugh Volkswagen, Inc., moved to transfer its case to one under chapter VII, and to dismiss its chapter XI petition. Granting the motion just described, this court, by order dated April 20, 1977, adjudged Murdaugh Volkswagen, Inc., to be a bankrupt.

6. On April 25,1977, after conversion of the case to chapter VII, this court issued an “Order for the First Meeting of Creditors and Fixing Times for Filing Objections to Discharge and for Filing Complaint to Determine Dischargeability of Debts, Combined with Notice Thereof and of Automatic Stay.” This order fixed November 9, 1977 as the last day for filing claims (October 25, 1977 is six months from April 25, 1977.).

7. On May 31, 1977, Murdaugh Volkswagen filed with the clerk of court “Schedule A. Statement of All Debts of the Bankrupt.” This schedule listed two debts owing to Mrs. Murdaugh: one for $68,400. for rent and another in the amount of $224,000. as an unsecured claim. The schedules, signed by Mrs. Murdaugh, did not indicate that either of her claims was contingent, unliquidated, or disputed.

8. In June of 1987, the trustee of Mur-daugh Volkswagen, Inc., recovered a judgment of approximately $297,000. representing compensation for antitrust violations committed against and suffered by the debtor prior to the filing of the petition.

9. On June 11, 1987, Mrs. Murdaugh filed an “Application for Leave to File a Formal Proof of Claim” in which she requested leave of court to file two proofs of claim: one proof of claim for $68,400. for rents owed to her by the bankrupt; and another unsecured claim for $224,000. arising from alleged personal loans by Mrs. Murdaugh to the bankrupt between the years 1973 and 1976.

10.The two claims asserted by Mrs. Murdaugh, described above, form the basis of the present controversy. In support of her claim for rent, in the amount of $68,-400., Mrs. Murdaugh attached to the claim the following items: (1) six checks drawn on her personal account to Craig Bennett, each in the amount of $350.; (2) one check drawn on a Murdaugh Volkswagen, Inc., account and payable to Transouth Financial in the amount of $891.; (3) a copy of a contract between Mrs. Murdaugh and Craig Bennett dated November 8, 1973, which serves as a lease of the property at 1068 Morrison Drive, Charleston, South Carolina; (4) a copy of a loan settlement statement with Mrs. Murdaugh and Marvin S. Murdaugh, as borrowers, and First Federal Savings and Loan Association as lender; (5) a copy of Mrs. Murdaugh’s amended United States individual tax return for 1973; and (6) a statement to the effect that there was an oral lease between Mrs. Mur-daugh and the bankrupt.

The following items were attached to Mrs. Murdaugh’s unsecured claim for $224,000.: (1) two checks which totaled $1,778.80, payable to Transouth Financial; (2) five receipts from the bankrupt to Mrs. Murdaugh which totaled $16,575.20 (one receipt being described as a loan receipt and another receipt being described as a used car floor plan); (3) a copy of a contract of sale between Mrs. Murdaugh and her husband and Michael J. Knapp; (4) a copy of a note in the amount of $150,000. and dated December 29, 1972 from Mrs. Murdaugh and Marvin S. Murdaugh to First National Bank of South Carolina; (5) a copy of a mortgage from Mrs. Murdaugh in favor of First South Homeowners Co., Inc., for property on Murray Boulevard, Charleston, South Carolina; and (6) a statement that there was an oral loan agreement between Mrs. Murdaugh and the bankrupt.

[418]*418Also attached to Mrs. Murdaugh’s unsecured claim is a document entitled “Volkswagen Dealer Financial Statement” for the 22 month period ending November 19, 1974. The statement indicated a note payable to the owner in the amount of $67,-491.64. The statement indicates no other debt to the owner.

11. On June 24, 1987, the trustee filed with the clerk of court an objection to the two claims asserted by Mrs. Murdaugh.

12. Upon notice, this court, on August 18, 1987, held a hearing on the trustee’s objections to the claims of Mrs. Murdaugh which are described above in Fact No. 10. At this hearing, Mrs. Murdaugh introduced into evidence copies of checks which she claims evinced her loans to the bankrupt. Covering a period from March 1973 to June 1976, the checks totaled in excess of $400,-000. Mrs. Murdaugh testified at the hearing that she had received some repayment of the alleged loans; however, she could not state the amount of repayment she had received.

13. At the hearing, Mrs. Murdaugh testified that the rent claim is based on figures previously paid to her by the corporation, and that the amount claimed is equal to the mortgage payments or rent she had to pay on the property.

ISSUE

Given the present facts, should the court disallow Mrs. Murdaugh's two proofs of claim?

DISCUSSION

The court finds, for reasons which will be discussed, that it has no power, legal or equitable, to allow the two proofs of claim in issue.

I

Mrs. Murdaugh argues, inter alia,

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