Jefferson Cnty. Dep't of Human Servs. v. Santos (In re Santos)

589 B.R. 413
CourtUnited States Bankruptcy Court, D. Colorado
DecidedMay 31, 2018
DocketCase No. 15–11022–SBB; Adv. Pro. No. 17–01041–JGR
StatusPublished
Cited by3 cases

This text of 589 B.R. 413 (Jefferson Cnty. Dep't of Human Servs. v. Santos (In re Santos)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jefferson Cnty. Dep't of Human Servs. v. Santos (In re Santos), 589 B.R. 413 (Colo. 2018).

Opinion

Joseph G. Rosania, Jr., United States Bankruptcy Judge

This case requires the bankruptcy court, as a court of equity, to determine whether the equities involved in this dispute favor the debtor or the creditor.

Procedural Background

Debtor, represented by counsel, filed her petition under chapter 7 of the Bankruptcy Code on February 4, 2015. After the case was fully administered, Debtor received her discharge, and the case was closed on July 8, 2015.

Over two years after Debtor filed her petition, the Jefferson County Department of Human Services ("DHS") brought this adversary proceeding against her under 11 U.S.C. §§ 523(a)(2) and (a)(3)(B),1 seeking to have a debt to DHS declared nondischargeable. DHS relied on a 2012 finding of an administrative hearing officer that Debtor had provided false and misleading information in order to obtain benefits under the Colorado Food Assistance and Colorado Works2 programs.

In its complaint, filed on February 7, 2017, DHS acknowledged that an adversary proceeding generally must be brought no later than sixty days after the first date set for the meeting of creditors, which in this case would have been May 5, 2015. Fed R. Bankr. P. 4004(a). DHS alleged it had no notice or actual knowledge of the bankruptcy case until after that deadline had passed. DHS asserted Debtor did not list the debt on her schedules; therefore, the debt was nondischargeable under § 523(a)(3)(B). That section provides a discharge exception for debts "neither listed nor scheduled ... with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit ... timely filing of a proof of claim and timely request for a determination of dischargeability ...." Therefore, DHS argued Debtor's debt was nondischargeable under § 523(a)(2) for fraud, and § 523(a)(3)(B) for failing to list DHS in her bankruptcy schedules.

At the trial, held March 28, 2018, Debtor did not contest the finding by the administrative hearing officer that she had made fraudulent misrepresentations on her applications for DHS assistance. Instead, Debtor argued DHS had notice of the bankruptcy early enough to bring a timely complaint for dischargeability. First, the Debtor argued DHS had notice via the Bankruptcy Court notice of mailing (docket # 9), which went to the collection agency *417handling DHS's collection of Debtor's debt, and to an address for the State of Colorado (1575 Sherman Street, Denver, CO). Second, Debtor noted DHS admitted, in discovery, to having received actual notice of the bankruptcy on August 10, 2015, via an email from the Colorado Department of Human Services, yet, for unexplained reasons, waited a year and a half to bring the dischargeability complaint. Thus, Debtor contended, DHS was barred by the doctrine of laches from pursuing its claim.

Factual Background

Debtor received public assistance in the form of Temporary Assistance for Needy Families ("TANF"), Food Assistance, and Family Medicaid periodically between January 2006 and September 2010.3 At some point, DHS determined Debtor had received benefits for which she was not eligible, and brought an administrative charge of "Intentional Program Violation" ("IPV") against her.

In December 2012, a hearing was held on the IPV, and Debtor participated by phone. DHS provided information showing Debtor failed to report income from various sources on her initial application for benefits, subsequent applications, monthly status reports, and recertification paperwork, and she did not report changes to her household composition relevant to her eligibility for benefits. The Hearing Officer concluded Debtor committed an IPV by providing false and misleading information. Specifically, the Hearing Officer found:

Food Assistance and Colorado Works applications include advisements regarding penalties for making false statements and willful misrepresentation. Ms. Dos Santos signed these applications indicating she was aware of these requirements yet failed to report her income and household composition correctly. She has an overpayment of $19,840.44.4

Debtor was notified of the Hearing Officer's decision via US mail. She appealed the decision, which, according to DHS, was upheld in June 2013 by the Colorado Department of Human Services Office of Appeals. DHS did not provide the Court with any documentation of that hearing. DHS's discovery responses state: "Ms. Dos Santos did not appear at the hearing before an Administrative Law Judge with the Office of Appeals scheduled for April 16, 2013."5

Since the time of the IPV charge, DHS has withheld from Debtor's benefits to pay her Food Assistance overpayment. According to DHS, the total amount Debtor currently owes is $16,357.44, comprised of "Medicaid Benefits in the amount of $9,499.44 and TANF benefits in the amount of $6,858.00."6

At trial, the Court heard testimony from Kirk Kross, an Account Clerk with DHS. Kross testified he sent Debtor a collection letter after the "hearing decision"7 but he could not recall the date. According to Kross, in the letter, he asked Debtor to contact him within two weeks, and advised if he did not hear from her, the debt would go to a collection agency. Kross testified that after he did not hear from Debtor, he "forwarded" the debt to Credit Service Company ("CSC") for collection. He testified this would have occurred approximately four weeks after the "hearing decision," and further testified that at that point, *418CSC was the entity in charge of collecting the debt.

When asked how he usually got notice of a bankruptcy, Mr. Kross responded, "usually from the collection agency or I get a copy of the notice in the mail." In this case, he did not receive any notice from CSC. He testified he learned of the bankruptcy when he received an email from the Colorado Department of Human Services. He could not remember the date, but on cross-examination, he agreed the date was August 10, 2015.8 After he received the email, he "suspended the claim" and contacted the "manager of the investigations unit to see if they should go to the county attorney's office to file a motion to get it excluded from the bankruptcy." He and counsel had no explanation as to why DHS then waited a year and a half to bring the complaint against Debtor.

On cross-examination, Debtor's counsel asked Kross about entries on Debtor's bankruptcy petition. Specifically, Kross was asked about the following amounts listed on Debtor's Schedule F as owing to "CREDIT SRVCE CO., PO Box 1120, Colorado Springs CO 80901-1120":

$2,079, account "9800, Open account 4-1-13" (Sch. F, p. 22).
$2,831, account "9801, Open account 4-1-13" (Sch. F., p. 21).

Kross agreed that these amounts matched the amounts in Exhibit 1 proffered by DHS, entitled "Social Services Recovery Ledger." Specifically, Exhibit 1 listed the following amounts:

Owing in the category of TANF/Colo. Works: $2,079 (Ex. 1, p. 1)

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Bluebook (online)
589 B.R. 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-cnty-dept-of-human-servs-v-santos-in-re-santos-cob-2018.