ITT Financial Services v. Schoenlein (In re Schoenlein)

157 B.R. 824, 1993 Bankr. LEXIS 1174
CourtUnited States Bankruptcy Court, N.D. Ohio
DecidedJuly 15, 1993
DocketBankruptcy No. 91-31600; Adv. No. 91-3374
StatusPublished
Cited by1 cases

This text of 157 B.R. 824 (ITT Financial Services v. Schoenlein (In re Schoenlein)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ITT Financial Services v. Schoenlein (In re Schoenlein), 157 B.R. 824, 1993 Bankr. LEXIS 1174 (Ohio 1993).

Opinion

OPINION AND ORDER DISCHARGING DEBT AND DISMISSING COMPLAINT

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter is before the Court on ITT Financial Services’ (ITT) complaint to except the debt of Eugene Schoenlein (the “Debtor”) from discharge under 11 U.S.C. § 523(a)(2). Upon consideration of the evidence adduced at trial and the oral arguments of the parties, the Court finds that ITT’s complaint to except its loan to Debtor from discharge under 11 U.S.C. § 523(a)(2) is not well taken and should be dismissed.

FACTS

The Debtor filed a voluntary petition under Chapter 7 of title 11 on April 22, 1991. Thereafter, on September 10, 1991, ITT filed the instant action seeking to have this Court declare a debt from Debtor to ITT of $6,364.95 nondischargeable under 11 U.S.C. § 523.

The debt owed to ITT arises from a promissory note and security agreement dated February 14,1991 (the “Agreement”) which purports to grant ITT a security interest in items including a television, a VCR, rifles, a stereo, “kids bikes” and a riding mower. See Joint Exhibit 1, Disclosure Statement, Note and Security Agreement, Section c. The Agreement also granted ITT a security interest in certain “Mechanics Tools” and “Misc. Tools, Air Comp.”. See Joint Exhibit 1. These two items were valued at $4,000 and $20,000, respectively, in the Agreement. See Joint Exhibit 1. The Agreement represented a refinancing of previous notes between Debtor and ITT which listed substantially the same items as collateral. See Defendant’s Exhibits A-D.

[826]*826The Debtor testified that ITT had contacted him a number of times to offer him loans. According to the Debtor, he would suggest items which could be used as collateral for a loan and ITT would provide him with the values for these items and type the necessary loan documents. Debt- or would then sign the loan documents and obtain the loan.

The Debtor testified that he never owned tools valued at more than $400-$500 for use in his home workshop. The Debtor stated that his failure to notice errors in the values for the items listed as “Mechanics Tools” of $4,000 and “Misc. Tools, Air Comp.” of $20,000 on the Agreement was an oversight, despite the fact that this error existed on previous security agreements between the Debtor and ITT.

The Debtor also testified that he may have expended up to $15,000 for tools used at work (“Work Tools”) in the past 16 years and that these tools are presently worth between $10,000 and $15,000. However, Debtor testified that the Work Tools never served as collateral for the loans which he obtained from ITT. This testimony was not rebutted by ITT.

The Debtor’s wife testified that though she handled the family’s finances, she did not question the values listed for “Mechanics Tools” and “Mise. Tools, Air Comp.” on the Agreement.

Donald Meadows (“Meadows”), ITT’s bankruptcy representative, testified that he was present at Debtor’s § 341 meeting and discussed the items listed on the Agreement with the Debtor. Meadows had not met the Debtor prior to the § 341 meeting. Meadows stated at trial that a post-petition review of the Agreement led him to the conclusion that ITT was “oversecured” and would have had no concern for the adequacy of its collateral at the time that ITT made the loan.

David Grunden, formerly employed by ITT as an assistant manager, testified that he visited Debtor’s home in the Fall of 1991 and again in the Spring of 1992 to inventory the collateral listed on the Agreement. Grunden testified that he observed items including the television, VCR, two guns, and tools which the Debtor had allegedly valued at approximately $400-$500.

Exception of Debt From Discharge Under 11 U.S.C. § 523(a)(2)(A)

Although ITT’s complaint alleged causes of action under both 11 U.S.C. § 523(a)(2)(A) and (a)(2)(B), ITT did not argue its cause of action under 11 U.S.C. § 523(a)(2)(B) at trial or provide this Court with any evidence regarding this cause of action. Therefore, this Court will only consider ITT’s allegations of a materially false representation under 11 U.S.C. § 523(a)(2)(A).

Section 523(a)(2)(A) provides that:

(a) A discharge under section 727 ... of this title does not discharge an individual debtor from any debt—
(2)for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by—
(A) ... a false representation ... other than a statement respecting the debtor’s ... financial condition

The Sixth Circuit has interpreted this provision of the Bankruptcy Code as requiring the creditor to prove:

that the Debtor obtained money through a material misrepresentation that at the time the Debtor knew was false or made with gross recklessness as to its truth. The creditor must also prove the Debt- or’s intent to deceive. Moreover, the creditor must prove that it reasonably relied on the false representation and that its reliance was the proximate cause of the loss.

Coman v. Phillips (In re Phillips), 804 F.2d 930, 932 (6th Cir.1986) (citations omitted).

ITT must prove its claim under 11 U.S.C. § 523(a)(2)(A) by the preponderance of the evidence. Grogan v. Garner, 498 U.S. 279, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991).

Misstatements in collateral values totaling $24,000 appear to be material in a decision to extend credit of over $6,000.

[827]*827Additionally, these misstatements seem to have been a result of grossly reckless behavior on the part of the Debtor. Though the Debtor testified that the values for items of collateral were provided by ITT, the Debtor displayed gross recklessness in reviewing and signing the Agreement which included a value of $4,000 for “Mechanics Tools” and a value of $20,000 for “Misc. Tools, Air Comp.” which the Debtor acknowledges he never owned. This degree of gross recklessness by a debtor allows a court to infer that the debtor had the requisite intent to deceive. Coman, 804 F.2d at 933.

However, ITT has provided no evidence that it reasonably relied on the purported values of collateral listed on the Agreement. In deciding an action for non-dischargeability of a debt, a court “ ‘should not base its decision regarding discharge on whether it would have extended the loan’ ”. Bank One, Lexington v. Woolum (In re Woolum),

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157 B.R. 824, 1993 Bankr. LEXIS 1174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/itt-financial-services-v-schoenlein-in-re-schoenlein-ohnb-1993.