Iskric v. Commonwealth Financial Systems, Inc. (In re Iskric)

496 B.R. 355, 2013 WL 4011126, 2013 Bankr. LEXIS 3244
CourtUnited States Bankruptcy Court, M.D. Pennsylvania
DecidedAugust 7, 2013
DocketBankruptcy No. 1-12-bk-03839-RNO; Adversary No. 1-13-ap-00076-RNO
StatusPublished
Cited by15 cases

This text of 496 B.R. 355 (Iskric v. Commonwealth Financial Systems, Inc. (In re Iskric)) 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
Iskric v. Commonwealth Financial Systems, Inc. (In re Iskric), 496 B.R. 355, 2013 WL 4011126, 2013 Bankr. LEXIS 3244 (Pa. 2013).

Opinion

OPINION

ROBERT N. OPEL, II, Bankruptcy Judge.

The Chapter 7 Debtor/Plaintiff commenced an Adversary Proceeding alleging that the Defendant/Creditor violated the automatic stay and the discharge injunction. The Defendant failed to timely answer or otherwise respond to the Complaint and a Default Judgment was entered as to the liability of the Defendant for both causes of action. A hearing was later held on the issue of the Plaintiffs entitlement to any damages or attorney’s fees. This Opinion will touch upon the propriety of the default judgment and determine the appropriate damage awards.

I. JURISDICTION

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

II. DEFAULT JUDGMENT CONSIDERATIONS

It is well settled that a bankruptcy judge may take judicial notice of his or her own docket entries. Mar. Elec. Co., Inc. v. United Jersey Bank, 959 F.2d 1194, 1200 n. 3 (3d Cir.1991); Steinman v. Spencer (In re Argus Group 1700, Inc.), 206 B.R. 737, 741 n. 8 (Bankr.E.D.Pa.1996). The docket in this Adversary Proceeding shows that it was commenced by a Complaint filed on April 1, 2013, by the Debtor, Lisa M. Iskric, (“Iskric”), against the Defendant, Commonwealth Financial Systems, Inc. (“CFS”). The Complaint alleged that CFS violated the bankruptcy automatic stay and the discharge injunction; it seeks the award of actual and punitive damages, as well as attorney’s fees.

A Summons was issued on April 2, 2013 requiring a responsive pleading to the Complaint on or before May 2, 2013. No answer or other responsive pleading having been filed, on May 7, 2013, Iskric moved for a default judgment against CFS. On June 6, 2013, I entered an Order granting a default judgment as to the liability of CFS to Iskric for violation of the [359]*359automatic stay and the discharge injunction (“Default Judgment”). The Order granting the Default Judgment provided for a July 18, 2018, hearing on the issue of Iskrie’s entitlement to any damages, attorney’s fees, or costs.

The Default Judgment effectively determined the question of CFS’ liability to Iskric. “A consequence of the entry of a default judgment is that the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true.” Comdyne I, Inc. v. Corbin, 908 F.2d 1142, 1149 (3d Cir.1990); DIRECTV, Inc. v. Pepe, 431 F.3d 162 n. 6 (3d Cir.2005).

It is worthwhile to briefly discuss the relevant procedural and substantive law on liability, before turning to the question of damages. I will discuss, in turn, service of the Complaint, violation of the automatic stay, and violation of the discharge injunction.

A. Service of the Complaint

The adversary docket contains a Certificate of Service which indicates that the Complaint and Summons were served, via U.S. Mail, to John Kotula, CEO, Commonwealth Financial Systems, Inc., 245 Main Street, Dickson City, PA, 18519. PL’s Cert, of Service, April 5, 2013, ECF No. 6. Before a federal court may exercise personal jurisdiction over a defendant, there must be proper service of a summons. Omni Capital Int’l, Ltd. v. Rudolf Wolff & Co., Ltd., 484 U.S. 97, 108 S.Ct. 404, 409, 98 L.Ed.2d 415 (1987). Proper service of process also fosters due process by allowing a defendant adequate notice of the action against it. In re Pittman Mech. Contractors, Inc., 180 B.R. 453, 457 (Bankr.E.D.Va.1995). Proper service of process is particularly important in the default judgment context. “A default judgment entered when there has been no proper service of the complaint is, a fortiori, void, and should be set aside.” Gold Kist, Inc. v. Laurinburg Oil Co., Inc., 756 F.2d 14, 19 (3d Cir.1985); In re Butts, 350 B.R. 12, 20 (Bankr.E.D.Pa.2006).

So, what are the requirements for service of process on a corporate defendant — like CFS — in a bankruptcy adversary proceeding? Federal Rule of Bankruptcy Procedure 7004 sets forth the provisions for service of process for the summons and the complaint. Specifically, F.R.B.P. 7004(b)(3) provides for service of process, via first class mail:

Upon a domestic or foreign corporation or upon a partnership or other unincorporated association, by mailing a copy of the summons and complaint to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant.

A number of bankruptcy courts have held that service upon a corporate defendant in an adversary proceeding is proper where service is mailed to a named officer at the corporation’s address. In re Saucier, 366 B.R. 780, 783-84 (Bankr.N.D.Ohio 2007); In re Lenox Healthcare, Inc., 319 B.R. 819, 821 (Bankr.D.Del.2005); In re Pittman Mechanical Contractors, Inc., 180 B.R. 453, 456-57 (Bankr.E.D.Va.1995); In re Schoon, 153 B.R. 48, 49 (Bankr.N.D.Cal. 1993).

In the case at bar, the Complaint was served by U.S. Mail to the named Chief Executive Officer of CFS. I conclude that CFS was validly served and brought within the jurisdiction of this Court.

B. Violation of the Automatic Stay

One of the hallmarks of bankruptcy protection is the automatic stay. Generally, [360]*36011 U.S.C. § 362(a)1 of the Bankruptcy Code protects a debtor from creditor actions, including “commencement or continuation, ... to recover a claim against the debtor that arose before the commencement of the case under this title.” 11 U.S.C. § 362(a).

There can be consequences when a creditor violates the automatic stay. Subsection 362(k) provides that an individual debtor, injured by a willful violation of the automatic stay, “shall recover actual damages, including costs and attorneys’ fees and, in appropriate circumstances, may recover punitive damages.” 11 U.S.C. § 362(k). Willfulness here does not require proof of bad intent by the creditor. Rather, a willful violation of the automatic stay occurs when a creditor violates the stay with knowledge that a bankruptcy petition has been filed. In re Lansdale Family Rests., Inc.,

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Bluebook (online)
496 B.R. 355, 2013 WL 4011126, 2013 Bankr. LEXIS 3244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iskric-v-commonwealth-financial-systems-inc-in-re-iskric-pamb-2013.