McClammer v. Holmes (In re Holmes)

570 B.R. 610, 2017 Bankr. LEXIS 1222, 64 Bankr. Ct. Dec. (CRR) 28
CourtUnited States Bankruptcy Court, W.D. Missouri
DecidedMay 4, 2017
DocketCase No. 16-41808; Adversary No. 16-4116
StatusPublished
Cited by2 cases

This text of 570 B.R. 610 (McClammer v. Holmes (In re Holmes)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McClammer v. Holmes (In re Holmes), 570 B.R. 610, 2017 Bankr. LEXIS 1222, 64 Bankr. Ct. Dec. (CRR) 28 (Mo. 2017).

Opinion

MEMORANDUM OPINION

Arthur B. Federman, Bankruptcy Judge

Plaintiff Katie McClammer filed this adversary proceeding seeking a determination that an alleged debt owed to her by Debtor-Defendant Landon Reser Holmes is nondischargeable under 11 U.S.C. § 523(a)(2)(A) as a debt incurred by actual fraud. For the reasons that follow, judgment will be entered in favor of Ms. McClammer, but only as to the amount she advanced to Mr, Holmes on or before January 15, 2014.

Introduction

Plaintiff Katie McClammer asserts that Debtor Landon Holmes pursued a romantic relationship with her in order to defraud her out of her savings and to incur additional debt for his benefit. In sum, the primary issues here are whether Landon’s promises of a future relationship with Katie, and future repayment of the funds, were fraudulent, and, if so, whether Katie’s reliance on those promises were justifiable under the circumstances. Plaintiff does not seek an award of damages here, but instead intends to pursue that in state court to the extent the debt is found nondis-chargeable here.

Factual Background

The Relationship

Katie and Landon met in May 2013, when Landon came to work as a driver for Kansas City Fly Ash, where Katie was already employed as a sales coordinator. Soon after Landon came to work there, Katie was promoted to the position of driver-supervisor, which meant she became Landon’s supervisor. Both of them were married to other people at the time. Over the summer of 2013, the two of them became more and more friendly, seeing each other almost daily and speaking on the phone, sometimes for hours at a time. They confided in each other that they were unhappy in their respective marriages. Katie was, in fact, considering a divorce at the time. Landon told Katie in about August that he was also considering filing for divorce. They expressed feelings for each other, eventually saying they loved each other.

At some point during the summer or fall of 2013, Katie filed for divorce, and Landon helped her move out of the house she shared with her then-husband. Although Landon remained living with his wife, he and Katie started seeing each other more frequently when Katie moved into her new place.

[613]*613In September 2013, the relationship became romantic. Landon told Katie he loved her, that they were soulmates, and that he wanted to marry her and have children together. Katie clearly felt the same way.

The Financial Transactions

In the late summer or early fall of 2013, at Landon’s request, Katie obtained two new credit cards with him as an authorized signor. In addition, in the fall of 2013, Katie began to give Landon money in the form of checks and cashier’s checks. Specifically, the evidence showed, and Landon does not dispute, that Katie gave him the following checks:

Check dated October 23, 2013 in the amount of $9,500, marked as “loan”

Cashier’s check dated November 22, 2013 in the amount of $35,000

Check dated December 26, 2013 in the amount of $2,000

Check dated January 27, 2014 in the amount of $5,300, marked as “loan”

Check dated March 5, 2014 for $3,200, with the memo “Holmes Family Farm”

Cheek dated April 29, 2014 in the amount of $1,000

Check dated May 16, 2014 in the amount of $1,100

Check dated May 16, 2014 in the amount of $3,600

Check dated May 27, 2014 in the amount of $9,500

Check dated June 2, 2014 in the amount of $3,500

Cashier’s check dated June 23, 2014 in the amount of $4,000, made payable to “Cross Tire”1

Cashier’s check dated July 2, 2014 for $1,000, made payable to “Cross Tire” Landon admits he received all of the foregoing funds, although he could not recall specifically what he used the advances for.

Note that two of the above-listéd checks were dated the same day—May 16, 2014— the first for $1,100, a second for $3,600. The two checks are sequential in number. Katie testified that she had written Check Number 1042, in the amount of $1,100, first, but Landon called and said she had written the check for the wrong amount and that he had actually needed $3,600. So, she says she asked him to shred the first one, which he told her he did, and she wrote him Check Number 1043, for $3,600. However, Landon did not shred the first check, but instead held on to it and later cashed it on June 10, 2014. Landon denies saying he would shred the first check and says he told her when he was cashing it, although he had no explanation whatsoever as to why she had written him the two checks on the same day, or why he had held on to the first check for over three weeks.

In addition to the foregoing checks, in December 2013, at Landon’s suggestion, Katie started the process of taking out a $50,000 loan against her 401k. As part of that transaction, in January 2014, she signed a five-year note with $1,000 monthly payments. She testified that she gave all of that loan money to Landon.

Katie testified she withdrew an additional $70,000 from her 401k at some point, which resulted in an early-withdrawal tax penalty. She testified she did not use any of these funds for her own purposes; rather, it all went to Landon. She testified she owes the IRS $20,000 as a result of this transaction. Landon denies he received these funds.

In addition to the money transfers, Landon told Katie that his pickup truck was [614]*614titled in his and his then-wife’s name, and that he wanted to trade that vehicle in so the wife’s name would be off the title in connection with the divorce he said he was getting. As a result, sometime in early 2014, Katie purchased a 2010 Chevrolet pickup truck, and trailer for the approximate amounts of $35,000 and $28,000, respectively. Although these vehicles were titled in Katie’s name, she bought them for Landon’s exclusive use. She testified he told her he would buy them from her after his divorce was final. Landon did not dispute that she bought these items at his request “for [their] life down the road,” but he insists he made payments on these items while he and Katie were involved with each other.

Also, in March 2014, Katie obligated herself for the purchase of a 2013 Polaris RZR, an off-road recreational vehicle, for Landon to use in 'connection with his bike racing hobby. Katie testified that this cost $18,000. The Polaris is not a titled vehicle, but Landon conceded that Katie owned it, and was on the note. Landon testified that he made payments on this item while they were together, as well as putting his own money into making modifications to it.

Meanwhile, Landon was also using the two credit cards Katie had opened on which he was an authorized user. Notably, in December 2013, he charged a cruise he took with his then-wife on one of Katie’s credit cards. He also used the cards to purchase several major appliances for the home he was sharing with his .then-wife. There were also charges for racing expenses, clothes, restaurants, and a golf cart. When Katie confronted him about these charges, Landon said he had used her credit cards. by mistake. And, when specifically confronted about the cruise with his wife, Landon said it was a cruise he and his wife had planned to go on with his parents.

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Cite This Page — Counsel Stack

Bluebook (online)
570 B.R. 610, 2017 Bankr. LEXIS 1222, 64 Bankr. Ct. Dec. (CRR) 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclammer-v-holmes-in-re-holmes-mowb-2017.