Link v. Mauz (In re Mauz)

532 B.R. 589
CourtUnited States Bankruptcy Court, M.D. Pennsylvania
DecidedJune 30, 2015
DocketCASE NO. 1:12-bk-06672-RNO; ADVERSARY NO. 1:13-ap-00053-RNO
StatusPublished
Cited by2 cases

This text of 532 B.R. 589 (Link v. Mauz (In re Mauz)) 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
Link v. Mauz (In re Mauz), 532 B.R. 589 (Pa. 2015).

Opinion

OPINION1

Robert N. Opel, II, Bankruptcy Judge

Plaintiffs, William A. Link and Kimberly A. Link (collectively “Plaintiffs”), commenced the instant Adversary Proceeding [592]*592against Joseph P. Mauz (“Debtor”). The Plaintiffs brought the present Adversary-Proceeding to determine the dischargeability of a debt allegedly caused by the intentional infliction of emotional distress. After trial, I conclude that the debt owed to the Plaintiffs is excepted from discharge under 11 U.S.C. § 523(a)(6).2

1. Jurisdiction

The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. This is a core proceeding under 28 U.S.C. § 157(b)(1). •

II. Facts and Procedural History

A more complete procedural history and recitation of the facts may be obtained by reviewing two prior decisions in this Adversary Proceeding, In re Mauz, 496 B.R. 777 (Bankr.M.D.Pa.2013) and In re Mauz, 513 B.R. 273 (Bankr.M.D.Pa.2014). The procedural history from the prior Opinions is incorporated by reference.

For purposes of this Opinion, I offer the following procedural and factual background. A voluntary petition under Chapter 7 of the Bankruptcy Code was filed on November 19, 2012, by the Debtor. The Debtor filed his schedules of assets and liabilities. Schedules A through J and Summary of Schedules, December 17, 2012, ECF No. 27. The Chapter 7 Trustee filed a report of no distribution on October 27, 2014. Chapter 7 Trustee’s Report of No Distribution, October 27, 2014, ECF No. 134.

The present Adversary Proceeding was commenced by a single count Complaint on March 7, 2013, based on a claim of willful and malicious injury. Subsequently, both the Debtor and Plaintiffs filed Motions for Summary Judgment. Plaintiffs’ Motion for Summary Judgment, May 21, 2013, ECF No. 12; Debtor’s Motion for Summary Judgment, June 27, 2013, ECF No. 17. The parties briefed the Motions for Summary Judgment and I issued an Opinion denying the Debtor’s Motion for Summary Judgment and granting in part and denying in part the Plaintiffs’ Motion for Summary Judgment. In re Mauz, 496 B.R. at 784. I granted the Plaintiffs’ Motion for Summary Judgment as to the alleged assault and battery claim and held that the damages for the assault and battery were nondischargeable under § 523(a)(6). Id. However, I denied the Plaintiffs Motion for Summary Judgment as to the alleged claims for trespass and intentional infliction of emotional distress and punitive damages. Id.

On February 6, 2014, the Plaintiffs then filed a Motion to Amend their Complaint, which included a proposed two count Amended Complaint. Amended Complaint "with Motion for Leave to File Amended Complaint, February 6, 2014, ECF No. 39. The Debtor filed an Answer to the Motion for Leave to File Amended Complaint. Answer to Motion for Leave to File Amended Complaint, February 19, 2014, ECF No. 44. I issued an Opinion, after briefing and hearings on the Motion for Leave to File an Amended Complaint, granting the Plaintiffs’ Motion to Amend their Complaint to the extent that it amended Count I, the nondischargeability portion, and denying the Motion to Amend the Complaint to the extent it sought to add an objection to discharge. In re Mauz, 513 B.R. at 282.

The Amended Complaint, thereafter, contained only Count I, a Complaint to Determine Dischargeability of Debt Pursu[593]*593ant to 11 U.S.C. § 523(a)(6). Amended Complaint, June 16, 2014, ECF No. 63. The Amended Complaint consists of twelve numbered paragraphs and four exhibits. Amended Complaint, June 16, 2014, ECF No. 63. Exhibit A is a copy of the twenty-two-page complaint from litigation between the parties in the Court of Common Pleas of York County, Pennsylvania (“State Court Action”). Id. Exhibit B is a copy of the twenty-three-page non-jury trial verdict entered in the State Court Action. Id. Exhibit C is a two-page punitive damages order entered in the State Court Action. Id. Exhibit D is a three-page post-trial order entered in the State Court Action. Id. The Debtor filed an Answer to the Amended Complaint. Answer to Amended Complaint, June 19, 2014, ECF No. 64.

The Amended Complaint alleges that, pursuant to § 523(a)(6), the state court judgment obtained against the Debtor is nondischargeable because of the intentional infliction of emotional distress. Id. After discovery and a pre-trial conference held on October 6, 2014,1 issued a Pretrial Order approving the parties’ stipulation as to what issues remained for trial. . PreTrial Order, October 6, 2014, ECF No. 84.

The sole issue remaining for trial, pursuant to the parties’ stipulation, was whether or not the Debtor undertook the actions complained of with the requisite intent to sustain a finding of nondischargeability pursuant to § 523(a)(6). Id. The monetary amount of the Plaintiffs’ claims against the Debtor was, therefore, not at issue in the trial of this Adversary Proceeding and the parties agreed that it was an all or nothing proposition. Id. The trial began on February 20, 2015, and was concluded on May 1, 2015. Thereafter, I took the matter under advisement.

The matter is now ripe for decision and my holding is limited to whether or not the Debtor undertook the actions complained of with the requisite intent to sustain a finding of nondischargeability pursuant to § 523(a)(6).

III. Discussion

A. General Elements to Prove a Non-dischargeability Claim

In a nondischargeability proceeding, the bankruptcy court must address two separate questions. First, does the plaintiff/creditor hold an enforceable obligation under state law? Second, is the debt nondischargeable under a provision of the Bankruptcy Code? Black v. Gigliotti, 514 B.R. 439, 444 (E.D.Pa.2014); In re August, 448 B.R. 331, 346 (Bankr.E.D.Pa. 2011). A bankruptcy court looks to state law to .determine whether or not there is an enforceable claim against the debtor. In re Hazelton, 304 B.R. 145, 150 (Bankr. M.D.Pa.2003).

As noted above, Exhibit A was filed with the Amended Complaint. Exhibit A is a complaint filed by the Plaintiffs in the State Court Action. Exhibit B was also filed with the Amended Complaint and is a non-jury trial verdict entered in the State Court Action. The state court found in favor of thé Plaintiffs and against the Debtor for, among others, the intentional infliction of emotional distress, which is the only count at issue in this Adversary Proceeding, based on the Amended Complaint.

A determination of whether the Plaintiffs have met their burden concerning an enforceable obligation will ultimately be based upon Pennsylvania law.

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Burris v. Burris (In re Burris)
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Joseph Mauz v.
672 F. App'x 176 (Third Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
532 B.R. 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/link-v-mauz-in-re-mauz-pamb-2015.