McClain v. Parker (In re Parker)

531 B.R. 103
CourtUnited States Bankruptcy Court, E.D. North Carolina
DecidedMay 22, 2015
DocketCASE NO. 12-03128-8-SWH; ADVERSARY PROCEEDING NO. 12-00238-8-SWH-AP
StatusPublished
Cited by6 cases

This text of 531 B.R. 103 (McClain v. Parker (In re Parker)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McClain v. Parker (In re Parker), 531 B.R. 103 (N.C. 2015).

Opinion

ORDER REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT

Stephani W. Humrickhouse, United States Bankruptcy Judge

This matter came on to be heard upon the cross motions for summary judgment filed by Conan McClain (“McClain”) and William Parker and Diana Lynne Parker (collectively, the “Parkers”). A hearing was held on February 4, 2015 in Raleigh, North Carolina.

BACKGROUND

The Parkers1 own various tracts of real property in North Carolina, and prior to fifing for bankruptcy, had engaged in the business of developing real estate in and around Raleigh. The Parkers operated their business through two companies in which they are the primary shareholders and officers, Gregory & Parker, Inc., and Gregory & Parker-Seaboard, LLC. The Parkers maintain that they relied on the advice of professionals, including, among others, McClain, in conducting their business. In addition to their real property ownership, the Parkers have a large collection of personal property, most notable being numerous historical artifacts recre-ationally collected by Mr. Parker over the past five decades and housed in a museum located at their primary residence. The historical artifacts consist primarily of World War II relics, but the Parkers also own certain Civil War-era items, a collection of vehicles and various other antiques inherited from Mr. Parker’s parents.

The Parkers filed a petition under chapter 11 of the Bankruptcy Code on April 25, 2012. They filed their original Schedule B on May 3, 2012. The original Schedule B omitted certain items, namely, animal wall mounts displayed in the Parkers’ home, three Chevrolet classic vehicles (specifically, two 1955 Chevrolet 4S’s and one 1929 Chevrolet 2S) and a John Deere tractor. On June 22, 2012, the Parkers’ 341 meeting was held. The omitted items were not [106]*106specifically discussed, but McClain posed one question, “[a]nd the automobiles, that’s all the automobiles titled or untitled that you got[?f to which Mr. Parker responded that “[s]ome of them run, some of them don’t.” On July 23, 2012, McClain filed a motion to extend the time to object to the Parkers’ discharge, which was granted by Order dated August 29, 2012. On July 31, 2012, McClain filed a motion for 2004 examination, and therein requested documents and correspondence related to the Chevrolets and the game trophies. Thereafter, on August 23, 2012, the Parkers filed an amendment to Schedule B which listed the omitted items. On September 12, 2012, McClain took the 2004 examination of the Parkers.

On September 17, 2012, McClain initiated this adversary proceeding objecting to the Parkers’ discharge under 11 U.S.C. §§ 727(a)(4)(A) and (a)(2). McClain asserts that the Parkers’ discharge should be denied under § 727(a)(4)(A) because they “knowingly omitted and/or intentionally misrepresented the true nature, extent, and/or value of personal property.” Compl., Doc. No. 1 at 4. McClain contends that the Parkers knowingly and fraudulently made false oaths in their bankruptcy schedules by: failing to itemize their extensive World War II collection and labeling it in a vague and misleading manner; misrepresenting the value of the World War II collection by listing the value as “unknown;” undervaluing certain personal property; and failing to disclose certain property of personal significance in their original bankruptcy schedules. McClain also alleges that the Parkers’ discharge should be denied under § 727(a)(2) because Mr. Parker “knowingly and fraudulently transferred, removed, and concealed personal property, including valuable coins and firearms” from his business office to his personal residence in order to conceal such property from the Bankruptcy Administrator. Compl. at 5.

In their answer, the Parkers assert that they did their best to list all of their assets and assign fair values, and that with respect to the World War II and other collectibles, there was no way to accurately assign a value. Further, the Parkers raise as a defense that McClain and his associates provided substantial assistance to them in preparing their business and personal bankruptcy schedules. The Parkers assert that they provided information to McClain and his associates that included the omitted items, and they were not sure why such information was omitted from the information provided by McClain and his associates to the Parkers’ counsel to be included in their schedules. The Parkers state that they amended their schedules as soon as they realized the omission. On July 8, 2013, the Parkers moved for summary judgment as to all of McClain’s claims against them, and McClain moved for partial summary judgment as to his claim under § 727(a)(4)(A).

DISCUSSION

“[Sjummary judgment is proper ‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 56(c)). In making this determination, the court views all facts and inferences to be drawn from the facts in the light most favorable to the nonmov-ing party.. U.S. v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962) (per curiam). Summary judgment is not a “disfavored procedural shortcut,” but an important mechanism for filtering [107]*107out baseless claims and defenses. Celotex, 477 U.S. at 327, 106 S.Ct. at 2555. “[A] complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial.” Celotex, 477 U.S. at 323, 106 S.Ct. at 2552. Although there are credibility determinations inherent in a typical objection to discharge proceeding that often create genuine factual issues, the court notes that the unusual circumstances of this case prevent the court from making a later determination as to credibility. Rather, in light of Mr. Parker’s passing, the record is set, making summary judgment an especially appropriate tool.

Section 727(a) provides that “[t]he court shall grant the debtor a discharge, unless — ”

(2) the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferred, removed, destroyed, mutilated, or concealed, or has permitted to be transferred, removed, destroyed, mutilated or concealed—
(A) property of the debtor, within one year before the date of the filing of the petition; or
(B) property of the estate, after the date of the filing of the petition;
(4) the debtor knowingly and fraudulently, in or in connection with the case—
(A) made a false oath or account.

Discharge provisions are construed liberally in favor of debtors and strictly against the person objecting to discharge. In re Seung Chan Park, 480 B.R. 627, 631-32 (Bankr.D.Md.2012).

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Cite This Page — Counsel Stack

Bluebook (online)
531 B.R. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclain-v-parker-in-re-parker-nceb-2015.