James Stewart Hamilton v. Alicia Hamilton Herr

CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 26, 2008
Docket07-6269
StatusPublished

This text of James Stewart Hamilton v. Alicia Hamilton Herr (James Stewart Hamilton v. Alicia Hamilton Herr) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James Stewart Hamilton v. Alicia Hamilton Herr, (6th Cir. 2008).

Opinion

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 08a0320p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________

X - In re: JAMES STEWART HAMILTON, d/b/a H & H - Auto Sales, - Debtor. - No. 07-6269 ________________________________ , > - - Plaintiff-Appellee, - JAMES STEWART HAMILTON,

- - - v. - ALICIA HAMILTON HERR, THOMAS W. GOODMAN, - - Defendants-Appellants. - JR. and LAWRENCE R. WEBSTER,

N Appeal from the United States District Court for the Eastern District of Kentucky at Pikeville. No. 06-00052—Gregory F. Van Tatenhove, District Judge. Argued: July 23, 2008 Decided and Filed: August 26, 2008 Before: MOORE and GRIFFIN, Circuit Judges; SARGUS, District Judge.* _________________ COUNSEL ARGUED: Lawrence R. Webster, LAWRENCE R. WEBSTER LAW OFFICE, Pikeville, Kentucky, for Appellants. John T. Hamilton, GESS, MATTINGLY & ATCHISON, Lexington, Kentucky, for Appellee. ON BRIEF: Lawrence R. Webster, LAWRENCE R. WEBSTER LAW OFFICE, Pikeville, Kentucky, for Appellants. John T. Hamilton, Huston Barrow Combs, GESS, MATTINGLY & ATCHISON, Lexington, Kentucky, for Appellee. _________________ OPINION _________________

* The Honorable Edmund A. Sargus, Jr., United States District Judge for the Southern District of Ohio, sitting by designation.

1 No. 07-6269 Hamilton v. Herr Page 2

KAREN NELSON MOORE, Circuit Judge. This case requires us to determine whether 11 U.S.C. § 524(a) makes a state-court judgment void ab initio when entered against a debtor whose dischargeable debts had been discharged, or whether the Rooker-Feldman doctrine compels federal courts to respect the state-court judgment. We conclude that § 524(a) prevails and state court judgments that modify a discharge order are void ab initio. Defendant-Appellant Alicia Hamilton Herr (“Herr”) appeals a district-court order reversing the bankruptcy court’s dismissal of Plaintiff-Appellee James Stewart Hamilton’s (the “Debtor’s”) complaint seeking to enjoin Herr from enforcing a Kentucky judgment lien against the Debtor. Specifically, the Debtor argued that the bankruptcy court’s 1998 discharge order precluded the Pike Circuit Court of Kentucky from holding that the Debtor must indemnify Herr for payments made on a promissory note that Herr and the Debtor jointly obtained in 1990. The bankruptcy court concluded that the Rooker-Feldman doctrine barred the bankruptcy court from enjoining the Pike Circuit Court’s judgment, and the district court reversed. For the reasons discussed below, we VACATE the district court’s judgment and REMAND to the district court so that court may remand to the bankruptcy court for further proceedings consistent with this opinion. I. BACKGROUND A. Factual Background The focus of this case concerns the unresolved obligations of Herr and the Debtor in relation to a loan they obtained during their marriage. On December 11, 1990, Herr and the Debtor signed a promissory note in the principal amount of $14,500 (“the Note”) in order to obtain funding for Herr’s vending-machine business. The Debtor and his father, James J. Hamilton (“Hamilton”), secured the Note with a certificate of deposit in the amount of $110,500.03. On June 16, 1992, the Debtor and Herr’s divorce became final. Their divorce decree did not address the status of the Note. It appears that the Kentucky divorce court was under the impression that the Debtor had paid off the Note with proceeds from the sale of his Mercedes. See Joint Appendix (“J.A.”) at 28 (Divorce Decree ¶ 13) (“That 1984 Mercedes was purchased for $41,000.00 and sold for approximately $25,000.00, those proceeds being used to pay off approximately $14,000.00 in debts owed by the vending company, with the remaining going to the Respondent [i.e., the Debtor here].”). In fact, it appears that the Mercedes-sale proceeds (if any) were not used to pay off the Note; instead, Hamilton paid off the Note himself. Regardless of what actually happened to the Note, on March 10, 1995, Hamilton sued Herr to recover the money Hamilton allegedly used to pay off the Note. While Hamilton’s suit against Herr was pending, on July 19, 1996, the Debtor filed for relief under Chapter 7 in the United States Bankruptcy Court for the Eastern District of Kentucky. The Debtor’s bankruptcy-court filings did not mention the Note but did list Herr as a creditor in the amount of $44,000.00. Despite Herr’s attempts to get the bankruptcy court to hold that the Debtor’s debt to her was non-dischargeable, the bankruptcy court declared the debt dischargeable. On March 27, 1998, the bankruptcy court discharged all of the Debtor’s “dischargeable debts,” and stated that: Any judgment heretofore or hereafter obtained in any court other than this court is null and void as a determination of the personal liability of the debtor with respect to any of the following: (a) debts dischargeable under 11 U.S.C. § 523; (b) unless heretofore or hereafter determined by order of this court to be nondischargeable, debts alleged to be excepted from No. 07-6269 Hamilton v. Herr Page 3

discharge under clauses (2), (4), (6) and (15) of 11 U.S.C. § 523(a); (c) debts determined by this court to be discharged. J.A. at 51 (Discharge of Debtor ¶ 2) (emphasis added). This order enjoined “[a]ll creditors whose debts are discharged by this order and all creditors whose judgments are declared null and void by [the paragraph] above . . . from instituting or continuing any action or employing any process or engaging in any act to collect such debts as personal liabilities of the above-named debtor.” J.A. at 51 (Discharge of Debtor ¶ 3). On August 18, 1998, in Hamilton’s state-court suit against Herr, Herr filed a third-party complaint seeking indemnification from the Debtor on the Note. In response to the third-party complaint, the Debtor filed a pro se answer that made no reference to his discharge in bankruptcy. Both Hamilton and Herr moved for summary judgment on their respective complaints. On November 27, 2001, the state court ordered Herr to pay Hamilton’s estate $14,771.74 plus interest and ordered the Debtor to indemnify Herr “for any amounts paid by her to the Estate of James J. Hamilton.” J.A. at 73 (Nov. 27, 2001, Judgment at 2). On May 9, 2003, the Kentucky Court of Appeals affirmed the judgment. In response to the Debtor’s argument that his bankruptcy discharge barred Herr’s indemnification claim, the Kentucky Court of Appeals held that discharge in bankruptcy was an affirmative defense that the Debtor had failed to raise. The Kentucky Court of Appeals went on to say that the Debtor’s “failure to affirmatively plead discharge in bankruptcy as a defense amounts to a waiver of the defense.” J.A. at 147 (May 9, 2003, Op. at 7). On January 14, 2005, Herr filed a Motion for Entry of Judgment in Kentucky state court. On March 4, 2005, the state court declared that Herr could not collect indemnification from the Debtor because of the Debtor’s bankruptcy discharge. However, just one month later, the same court reversed itself in a supplemental judgment holding that the Kentucky Court of Appeals’s prior decision stipulated the effect of the Debtor’s discharge in bankruptcy: because the Debtor “had not asserted bankruptcy as an affirmative defense[,] that defense is no longer available to him.” J.A. at 85-86 (Supp. J. at 1-2). The state court entered judgment in favor of Herr in the amount of $38,329.70 and interest. B.

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James Stewart Hamilton v. Alicia Hamilton Herr, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-stewart-hamilton-v-alicia-hamilton-herr-ca6-2008.