Medina v. Vander Poel

523 B.R. 820, 2015 U.S. Dist. LEXIS 6767, 60 Bankr. Ct. Dec. (CRR) 127, 2015 WL 256160
CourtDistrict Court, E.D. California
DecidedJanuary 21, 2015
DocketNo. 1:14-cv-01302 LJO
StatusPublished
Cited by6 cases

This text of 523 B.R. 820 (Medina v. Vander Poel) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Medina v. Vander Poel, 523 B.R. 820, 2015 U.S. Dist. LEXIS 6767, 60 Bankr. Ct. Dec. (CRR) 127, 2015 WL 256160 (E.D. Cal. 2015).

Opinion

ORDER RE: APPEAL

LAWRENCE J. O’NEILL; District Judge.

I. INTRODUCTION

This case is on appeal from an Order of the bankruptcy court granting Appellee William P. Vander Poel’s motion for summary judgment, which held that Appellant Luis Medina’s claims against Appellee sounding in California’s “Private Attorney General Act” (“PAGA”), Cal. Labor Code §§ 2699-2699.3, were discharged under 11 U.S.C. § 727. Appellant’s Opening Brief (“Medina’s Brief’), Doc. 11 at 1.

II. UNDISPUTED FACTUAL AND PROCEDURAL BACKGROUND

According to the complaint filed in the underlying adversary proceeding, Appellant filed a lawsuit in federal court against Appellee and the company of which Appel-lee was a principal (Tule River Ranch) in January of 2008. Excerpts of Record (“ER”), v. I, tab 1, (“Complaint”), ¶ 6. The lawsuit asserted that Appellee and his company were liable under various laws pertaining to wage and hour matters. Id. The federal case was dismissed and Appellant filed a similar case in state court in November of 2010. Id. at ¶¶ 7-8. This case also asserted PAGA claims, which authorizes the collection of civil penalties for alleged violations of the California labor code. Id at ¶ 10.

Appellee filed for bankruptcy protection on August 8, 2012. Id. at ¶5. Seeking resolution as to the PAGA suit, Appellee filed two adversary proceedings against Appellant in bankruptcy court. First, Appellee filed the complaint at issue here, seeking a determination of dis-chargeability under Section 523(a)(7) of any fines that might be levied in the PAGA case. Complaint at ¶¶ 3-4. The other proceeding, initially filed March 10, 2014, seeks sanctions against Appellant for prosecuting the state law case in violation of the bankruptcy court’s automatic stay order. In re Vander Poel, No. 14-01033, Docs. 1 & 89 (Bankr.E.D.Cal. Sep. 12, [823]*8232014).1

Appellee disputes having “any liability whatsoever” to Appellant and asserts that any debts he might be liable for under the PAGA case were discharged under the general discharge Appellee received on June 25, 2013. Brief of the Appellee (“Poel Brief’) at 6, 8. Appellee moved for summary judgment on the basis that a) Appellant failed to properly file an adversary proceeding in Appellee’s bankruptcy case, b) all claims ajjainst Appellee had been discharged, and c) that Appellant’s claims could not be considered “nondis-chargeable” under 11 U.S.C. § 523(a)(7). ER, v. II, tab 20 (“Poel MSJ”), at ¶¶ 16, 27-30, 34. The bankruptcy court granted the motion “in its entirety,” holding that all claims asserted by Appellant were discharged pursuant to 11 U.S.C. § 727 on July 8, 2013. ER, v. IV, tab 57 (“1007 Order”). The 1007 Order did not elaborate on the bankruptcy court’s reasoning, but its analysis of why the claims are discharged can be found in the hearing transcript. See ER, v. TV, tabs 58 & 59.

III.JURISDICTION

District courts have jurisdiction to hear appeals “from final judgments, orders, and decrees ... of bankruptcy judges....” 28 U.S.C. § 158(a). However, such appeals “shall be heard by a judge panel of the bankruptcy appellate panel” unless “any other party elects ... to have such appeal heard by the district court.” Id. § 158(c)(1)(B). This court has jurisdiction to hear this case because the case is an appeal from the bankruptcy court’s judgment and Appellant has elected to have it heard in this court in accordance with § 158(c)(1)(B).

IV.ISSUES ON APPEAL

The issues on appeal are as follows:

1. Whether the bankruptcy court erred in concluding that civil penalties under the California Private Attorneys General Act (“PAGA”), Cal. Labor Code. § 2699, et seq., do not fall within the exception to discharge set forth in 11 U.S.C. § 523(a)(7); and

2. Whether the Bankruptcy Court erred in granting summary judgment in favor of Vander Poel, on grounds that said claims were discharged under 11 U.S.C. § 727.

V. STANDARD OF REVIEW

On appeal, a district court may “affirm, modify, or reverse a bankruptcy judge’s judgment, order, or decree or remand with instructions for further proceedings.” Cesar v. Charter Adjustments Corp., 519 B.R. 792, 795 (E.D.Cal.2014). A district court reviews a bankruptcy court’s factual findings “ ‘under the clearly erroneous standard and its conclusions of law de novo.’” Acequia, Inc. v. Clinton (In re Acequia, Inc.), 787 F.2d 1352, 1357 (9th Cir.1986). (quoting Ragsdale v. Haller, 780 F.2d 794, 795 (9th Cir.1986)). “Mixed questions of law and fact are reviewed de novo.” Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998).

VI. LEGAL BACKGROUND

A. Elements Required By 11 U.S.C. § 523(a)(7)

Because discharge in bankruptcy is not intended to be a haven for wrongdoers, a debtor may not discharge “a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and [that] is not compensation for actual pecu[824]*824niary loss[.]” 11 U.S.C. § 523(a)(7). While the Ninth Circuit has not evaluated this statute, most federal courts (including the Sixth, Third, Seventh Circuits) have taken a “plain meaning approach” towards it. Hughes v. Sanders, 469 F.3d 475, 478-79 (6th Cir.2006); In re Rashid, 210 F.3d 201, 208 (3d Cir.2000); Matter of Towers, 162 F.3d 952, 956 (7th Cir.1998); see also In re McDowell, 415 B.R. 612, 616 (Bankr.S.D.Fla.2008) (collecting cases). Under this approach, four requirements must be met in order for a debt to be non-dis-chargeable under § 523(a)(7). The debt must: (1) be a fine, penalty, or forfeiture, (2) be payable to a governmental unit; (3) be payable for the benefit of a governmental unit, and (4) not be compensation for actual pecuniary loss. Id. at 617. The Supreme Court has held that the language of § 523(a)(7) is “is subject to interpretation” in the context of “the fundamental policy against federal interference with state criminal prosecutions.”

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Cite This Page — Counsel Stack

Bluebook (online)
523 B.R. 820, 2015 U.S. Dist. LEXIS 6767, 60 Bankr. Ct. Dec. (CRR) 127, 2015 WL 256160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medina-v-vander-poel-caed-2015.