Inspira Medical Center, Inc. v. Bunce D. Atkinson, Trustee for Debtor Estate of Brian Mead

District Court, D. New Jersey·Decided August 12, 2026·No. 3:25-cv-16383·Unknown

Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

INSPIRA MEDICAL CENTER, INC.,

Appellant, Civil Action No. 25-16383 (ZNQ) v. OPINION BUNCE D. ATKINSON, TRUSTEE FOR DEBTOR ESTATE OF BRIAN MEAD,

Appellee.

QURAISHI, District Judge THIS MATTER comes before the Court upon an Appeal of the Bankruptcy Court’s September 24, 2025 Order Granting a Motion for Summary Judgment filed by Appellee Bunce D. Atkinson, Trustee for Debtor Estate of Brian Mead (the “Trustee”), and Denying a Cross-Motion for Summary Judgment filed by Appellant Inspira Medical Center, Inc.’s (“Inspira”). (“Appeal”, ECF No. 1.) Inspira filed its appellate brief on December 24, 2025. (“Appellant Br.”, ECF No. 3.) The Trustee filed his brief in opposition on February 20, 2026 (“Appellee Br.”, ECF No. 6), and Inspira filed a reply brief on March 6, 2026 (“Appellant Reply Br.”, ECF No. 7). The Court has carefully considered the parties’ submissions and decides the Motion without oral argument pursuant to Federal Rule of Civil Procedure 78 and Local Civil Rule 78.1. For the reasons set forth below, the Court will AFFIRM the Bankruptcy Court’s Order and DENY Inspira’s Appeal. I. BACKGROUND AND PROCEDURAL HISTORY A. FACTUAL BACKGROUND The relevant facts are not in dispute. On April 16, 2021, the Superior Court of New Jersey, Law Division, entered a default judgment in favor of Inspira against Brian Mead (the “Debtor”) in

the amount of $703,125.00, plus interest and costs of suit. (“Appendix”, at 407, ECF No. 3-1.) The Clerk of the Superior Court thereafter docketed the judgment as a statewide lien (the “Judgment Lien”) on the Debtor’s property. (Id.) On June 17, 2021, Inspira sought to enforce the Judgment Lien and collect payment by filing a Writ of Execution against the Debtor, which directed the Burlington County Sheriff to: (1) satisfy the judgment out of the Debtor’s personal property within the county; and (2) if sufficient personal property could not be found to satisfy the judgment, then subsequent to the levy of personal property and “only after receipt of an order pursuant to [New Jersey Court Rule1] 4:59-1(d),” satisfy the judgment out of the Debtor’s real property in the county. (Id. at 45–47, 408.) The next day, Inspira sent the Debtor an information subpoena by first class and certified

mail to the Debtor’s real property located in Beach Haven, New Jersey (the “Beach Haven Property”). (Id. at 406, 408.) Inspira never received a response to the information subpoena. (Id. at 408.) On July 2, 2021, Inspira thereafter filed for an Alias Writ of Execution against the Debtor directed to the Ocean County Sherriff (the “Ocean County Writ”), which contained identical language as the Writ of Execution filed in Burlington County (the “Burlington County Writ”). (Id.) The Clerk of the Superior Court issued the Burlington County Writ and Ocean County Writ on July 7, 2021 and July 20, 2021, respectively. (Id. at 409.)

1 All references to “Rule” or “Rules” hereafter refer to the New Jersey Court Rules. On August 5, 2021, the Burlington County Sheriff served the Burlington County Writ upon Chase Bank, PNC Bank, Wells Fargo Bank, TD Bank, and Truist Bank to levy upon the Debtor’s assets. (Id.) The Debtor’s Chase Bank account held a sum of $5,498.19, and the other banks reported no accounts affiliated with the Debtor. (Id.)

On August 11, 2021, the Debtor moved in the Superior Court to vacate the default judgment entered against him, and the Debtor attested that he did not reside at the Beach Haven Property. (Id.) Approximately one week later, the Ocean County Sherriff served the Ocean County Writ and levied upon the Beach Haven Property. (Id.) Two weeks after that point, Inspira served copies of the information subpoena previously sent to the Debtor on June 18, 2021 upon the Debtor’s counsel in the Superior Court action. (Id.) Inspira, again, did not receive a response. (Id.) On September 22, 2021, Inspira moved in the Superior Court for a turnover of funds from the Chase Bank account. (Id. at 410.) The next day, the Debtor filed a petition for Chapter 11 Bankruptcy.2 (Id.) Inspira thereafter withdrew its motion for a turnover of funds. (Id.) There was, additionally, no record in the Superior Court of Inspira filing a motion to enforce the levy

upon the Beach Haven Property. (Id.) On January 26, 2022, the Trustee filed a notice of proposed sale of the Beach Haven Property, to which Inspira filed a proof of claim, asserting a secured claim against the Beach Haven Property in the amount of $713,545.02 based on the Judgment Lien and the Ocean County Sheriff’s levy. (Id.) The Trustee then filed a motion to sell the Beach Haven Property in April 2022, to which Inspira filed limited objections concerning the sale. (Id.) Inspira did not object to the sale itself but asserted that the Judgment Lien should attach to the sale proceeds. (Id.) The Bankruptcy Court entered an Order on May 11, 2022, approving the sale of the Beach Haven Property free and

2 The Debtor’s bankruptcy matter was converted to a Chapter 7 action in November 2021. (Appendix at 410, ECF No. 3-1.) clear of all liens, claims, and encumbrances, with only valid liens, claims, and encumbrances attaching to the sale proceeds. (Id.) As the proceedings in the Debtor’s bankruptcy progressed, Inspira initiated and pursued a non-dischargeability action against the Debtor in August 2022. (Id. at 411.) Inspira and the Debtor

subsequently entered into a settlement, stipulating that: (1) the Debtor’s prejudgment debt to Inspira was non-dischargeable; and (2) the Debtor could pay Inspira a total of $340,000 by the end of 2023 to reduce the judgment debt by either selling the Beach Haven Property or paying Inspira directly. (Id.) The non-dischargeability action was thereafter closed, but by August 2024, the Debtor had made no payments to Inspira. (Id.) On August 27, 2024, the Trustee then commenced an adversary proceeding against Inspira, and after unsuccessful mediation attempts, the parties each moved for summary judgment. (Id.) B. THE BANKRUPTCY COURT’S DECISION On September 24, 2025, the Bankruptcy Court granted the Trustee’s Motion for Summary Judgment and denied Inspira’s Cross-Motion for Summary Judgment. (Id. at 419.) The

Bankruptcy Court began its analysis with 11 U.S.C. § 544(a), which provides that a bankruptcy trustee stands in the shoes of a hypothetical judgment lien creditor who has levied upon the debtor’s property, and as such, the bankruptcy trustee may contest and avoid liens that are unperfected as of the date of the commencement of the bankruptcy proceedings. (Id. at 412–13.) To determine whether the Judgment Lien was perfected on the Debtor’s real and personal property, the Bankruptcy Court construed the requirements for executing and perfecting a judgment lien pursuant to N.J. Stat. Ann. § 2A:17-1. (Id. at 413–16.) After ample review of the caselaw, the Bankruptcy Court determined that to satisfy N.J. Stat. Ann. § 2A:17-1, “‘the judgment creditor must [have made] a good faith attempt to ascertain the location of the [D]ebtor’s personalty within the county and supply this information to the sheriff along with the writ of execution[,]’ prior to levying against real property.” (Id. at 414 (citing Borromeo v. DiFlorio, 976 A.2d 388, 395 (N.J. Super. Ct. App. Div. 2009).) The Court further elucidated that “the test is whether the judgment creditor ‘exerted “reasonable efforts” in good faith to locate the personal property.’” (Id. (citing

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Inspira Medical Center, Inc. v. Bunce D. Atkinson, Trustee for Debtor Estate of Brian Mead, (D.N.J. 2026).

Inspira Medical Center, Inc. v. Bunce D. Atkinson, Trustee for Debtor Estate of Brian Mead (Inspira Medical Center, Inc. v. Bunce D. Atkinson, Trustee for Debtor Estate of Brian Mead) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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