Lakefront Investors LLC v. Clarkson

484 B.R. 72, 2012 U.S. Dist. LEXIS 154187, 2012 WL 5292968
CourtDistrict Court, D. Maryland
DecidedOctober 26, 2012
DocketCivil Action Nos. RDB-12-0326, 12-0327, 12-0328; Bankruptcy Nos. DWK-08-14229, 08-217, 09-22084, 09-467
StatusPublished
Cited by8 cases

This text of 484 B.R. 72 (Lakefront Investors LLC v. Clarkson) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lakefront Investors LLC v. Clarkson, 484 B.R. 72, 2012 U.S. Dist. LEXIS 154187, 2012 WL 5292968 (D. Md. 2012).

Opinion

MEMORANDUM OPINION

RICHARD D. BENNETT, District Judge.

This case is before this Court on appeal from four Orders of the United States Bankruptcy Court for the District of Maryland (the “Bankruptcy Court”), which resulted in the dismissal of the Chapter 11 cases of the Appellees Charles Vernon Clarkson and Janet Ann Sydnor (together, the “Appellees” or the “Debtors”). The Appellants, Lakefront Investors LLC, [74]*74TrustCapital Investments, LLC, Nicholas John Lazarchiek, and CJR Duck Associates LLC (together, the “Appellants” or the “Creditors”), challenge the following four Orders from the Bankruptcy Court: (1) the Order Dismissing Chapter 11 Cases on Request of a Party in Interest (the “Dismissal Order”);1 (2) the Order Vacating Consent Order of Consolidation (the “Deconsolidation Order”);2 (3) the dismissal of Ms. Sydnor’s adversary proceeding (the “Adversary Dismissal Order”);3 and (4) the remand of Mr. Clarkson’s adversary proceeding to the Circuit Court for Somerset County (the “Remand Order”).4 Because the Debtors’ cases were dismissed, the Bankruptcy Court also entered an Order imposing on each Debtor a one-year bar to refiling for bankruptcy.5 Because this Order relates to the Dismissal Order, this Court considers it in conjunction with the four appealed orders.

The main issue on appeal is the Bankruptcy Court’s decision to dismiss the Debtors’ Chapter 11 cases pursuant to 11 U.S.C. § 1112(b). The Creditors contend that the Bankruptcy Court should have instead converted the cases to a Chapter 7 bankruptcy proceeding,6 and that in dismissing them the court erred as to both its conclusions of law and its factual findings. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 158(a)(1), which extends jurisdiction to the United States District Courts to hear appeals from the final judgments, orders, and decrees of the United States Bankruptcy Courts. The parties have fully briefed the issues, and this Court held a hearing on October 17, 2012 pursuant to Local Rule 105.6 (D. Md. 2010) and Rule 8012 of the Federal Rules of Bankruptcy Procedure. For the reasons stated below, the Dismissal Order of the United States Bankruptcy Court is REVERSED and the Debtors’ cases are REMANDED to the Bankruptcy Court with instructions to enter an order converting them to Chapter 7, which will result in the liquidation of the Debtors’ assets. The four other Orders are related to the Dismissal Order and necessarily fall with it. Accordingly, the Deconsolidation Order, the Adversary Dismissal Order, the Remand Order, and the Order Imposing Bar to Refiling are also REVERSED.

BACKGROUND AND PROCEDURAL HISTORY

I. The Debtors and Creditors in This Case

Janet Ann Sydnor and Charles Vernon Clarkson (together, the “Appellees” or [75]*75“Debtors”) are “watermen”—they engage in aquaculture activities7 on the Eastern Shore of Maryland. See, e.g., Janet Syd-nor’s Chapter 12 Voluntary Petition, Mar. 27, 2008, Case No. DWK-08-14229, ECF No. 1. Together they own two real properties: the Cove Road Property, located at 23841 and 23349 Cove Road in Chance, Maryland (Somerset County); and the Taylors Island Property, located at 3946 Robinson Neck Road, Taylors Island, Maryland (Dorchester County).8

Lakefront Investors LLC; TrustCapital Investments, LLC; Nicholas John Lazar-chick, who is suing in his capacity as Trustee for the Equity Trust Company; and CJR Duck Associates LLC (together, the “Appellants” or “Creditors”) are creditors in this case. During a period from 2005 to 2007, the Creditors made three separate loans to the Debtors. Their first loan was made on November 30, 2005 for $562,500.00 (the “Cove Road Loan”). This loan was secured by the Cove Road Property and used to satisfy preexisting mortgages on the Cove Road Property. Appellants’ Br., Case No. RDB-12-0326, ECF No. 5, at 6. The Cove Road Loan matured on November 20, 2006. Id. at 7.

On February 25, 2006, the Creditors made a loan to the Debtors in the amount of $1,250,000.00 (the “Taylors Island Loan”). The Debtors used this loan to purchase the Taylors Island Property, and the loan was secured by that property. See Mem. of Decision Appointing Chapter 11 Trustee, Case No. DWK-08-14229, ECF No. 176, at 7. The Taylors Island Loan matured on February 25, 2007. Appellants’ Br. 7.

The third loan to the Debtors issued on April 11, 2007. This loan was in the amount of $36,000.00 and secured by the Cove Road Property. The Debtors used the third loan to fund an auction to sell the Cove Road Property. This loan matured on April 10, 2008. Id.

After the Debtors failed to satisfy the three loans, the Creditors commenced foreclosure proceedings in the Circuit Court of Somerset County as to the Cove Road Property and in the Circuit Court of Dorchester County as to the Taylors Island Property. Id. In order to protect their properties, the Debtors sought the protections of the Bankruptcy Court. They filed for bankruptcy and thereby stayed the foreclosure proceedings.9

On March 27, 2008, Ms. Sydnor initiated a Chapter 12 bankruptcy case,10 asserting that she was a family farmer engaging in agricultural or commercial fishing. This case represents the fifth time that Ms. Sydnor has filed an action for bankruptcy in this Court. Prior to this case, Ms. Sydnor filed for bankruptcy four times, in 1997, 1998, 1999, and 2003. All four previous bankruptcy cases were dis[76]*76missed. See Clerk’s Evidence of Repeat Filings for Debtor Sydnor, Mar. 31, 2008, Case No. DWK-08-14229. At least some of these cases were dismissed because of Ms. Sydnor’s material default in plan payments before confirmation. Id. Mr. Clark-son initiated his Chapter 12 case on July 2, 2009. This is his fourth bankruptcy case. See Mem. of Decision Appointing Chapter 11 Trustee 6 n.4.

Both Mr. Clarkson’s case and Ms. Sydnor’s case were converted to Chapter 11 bankruptcy proceedings11 when the Chapter 12 Bankruptcy Trustee discovered that neither of the Debtors qualified as a “family fisherman” for purposes of seeking relief under Chapter 12. See Mot. to Dismiss for Failure to Qualify for Relief Under Chapter 12, Aug. 21, 2008, Case No. DWK-08-14229, ECF No. 34; Order Converting Chapter 12 Case to Chapter 11, Nov. 20, 2009, Case No. DWK-09-22084, ECF No. 50. Although the Debtors engaged in commercial fishing operations for which they would qualify as “family fishermen,” their debts, totaling over $1.8 million, exceeded the limits imposed by the Bankruptcy Code. See Mot. to Dismiss for Failure to Qualify for Relief Under Chapter 12, ¶ 4; 11 U.S.C. § 101(19A)(A) (2007) (amended 2010) (defining a family fisherman as an individual “whose aggregate debts do not exceed $1,642,500”). Thereafter Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
484 B.R. 72, 2012 U.S. Dist. LEXIS 154187, 2012 WL 5292968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lakefront-investors-llc-v-clarkson-mdd-2012.