Miller v. Jeffries (In re Jeffries)

541 B.R. 317, 2015 Bankr. LEXIS 3942
CourtUnited States Bankruptcy Court, M.D. North Carolina
DecidedNovember 19, 2015
DocketCase No. 14-50656 Adv. Pro. No. 14-6036
StatusPublished
Cited by1 cases

This text of 541 B.R. 317 (Miller v. Jeffries (In re Jeffries)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Jeffries (In re Jeffries), 541 B.R. 317, 2015 Bankr. LEXIS 3942 (N.C. 2015).

Opinion

MEMORANDUM OPINION

LENA MANSORI JAMES, UNITED STATES BANKRUPTCY JUDGE

This adversary proceeding came on before the Court for trial in Winston-Salem, [320]*320North Carolina on September 1, 2015 on a Complaint Objecting to Discharge. After considering the pleadings, evidence, and arguments of counsel, this Court makes the following findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure:

Statement of the Case and Jurisdiction

The United States Bankruptcy Administrator and the Chapter 7 Trustee (the “Plaintiffs”) object to discharge of Queen-esther Ruth Jeffries (the “Debtor”) in her Chapter 7 case. The Plaintiff has asserted two claims: (1) that the Debtor knowingly and fraudulently made a false oath or account in connection with her case and should be denied a discharge under 11 U.S.C. § 727(a)(4)(A); and (2) that the Debtor, with intent to hinder, delay or defraud a creditor or an officer of the state charged with custody of property under Bankruptcy Code, transferred, removed, or concealed property within one year of the filing of the petition, so that her discharge should be denied under 11 U.S.C. § 727(a)(2)(A). This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 1334 and 157(a) and Local Rule 83.11 entered by the United States District Court for the Middle District of North Carolina. This is a core proceeding under 28 U.S.C. § 157(b)(2), which this Court may hear and determine.

Factual Background

Prepetition, the Debtor met with her bankruptcy counsel, or his assistant, on three occasions. First, the Debtor and her brother, George T. Powell (“Mr.Powell”), met with the Debtor’s bankruptcy counsel in April 2014 to discuss a judgment entered against the Debtor in 2009. The Debtor next met with her counsel’s assistant in May 2014 to provide information for her bankruptcy schedules. Finally, in June 2015 the Debtor met with her counsel for the purpose of reviewing and signing her schedules and statements prior to filing her Chapter 7 petition. The Debtor then filed a voluntary petition under Chapter 7 of the Bankruptcy Code on June 12, 2014 (the “Petition Date”), along with her schedules and Statement of Financial Affairs (“SOFA”). W. Joseph Burns was appointed as Chapter 7 Trustee (the “Trustee”).

The Debtor’s schedules reflect the following:

• On Schedule A, the Debtor lists real property consisting of two grave plots with a total value of $200.00.
• On her Schedule B, she lists checking and savings accounts with Alle-gacy Federal Credit Union with a total value of $100.00, a checking account with PNC Bank with a value of $100.00, and a checking account with Wells Fargo Bank, N.A., also with a value of $100.00. She lists various household items with a total value of $1,600.00, a 401(k) account with Macy’s of unknown value, and two vehicles, a 2008 Honda valued at $9,000.00 and a 2010 Mazda valued at $12,000.00.
• The Debtor lists two secured claims on Schedule D, one with Ally Financial in the amount of $13,486.00, secured by a 2008 Honda CRV, and another with SunTrust Bank in the amount of $13,140.09, secured by a 2010 Mazda.
• On Schedule E, the Debtor lists two priority debts, one with the IRS in the amount of $13,872.39 for taxes from 2009 through 2012, and another with the North Carolina Department of Revenue in the amount of $2,378.10 for 2011 and 2012 taxes.
• The Debtor lists eight unsecured nonpriority claims in Schedule F. Seven debts are for medical services, credit cards, and a personal loan, [321]*321totaling $19,427.46. The eighth claim is a judgment against the Debtor held by Mercedes and Edward Miller in the amount of $161,000.00, noted as a business debt.

On her SOFA, the Debtor checked the box indicating “None” to question 10, “Other transfers.” This question states in part:

List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within two years immediately preceding the commencement of this case.

In addition, the Debtor checked the box indicating “None” to question 18, “Nature, location and name of business.” Subsection (a) of this question requests the following information:

a. If the debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within six years immediately preceding the commencement of this case, or in which the debtor owed 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case.

Other than the amended Schedule J filed five days after her Petition Date, the Debtor has not filed amended schedules or statements during the pendency of this case.

The Debtor’s case was randomly selected for audit on July 1, 2014 pursuant to 28 ,U.S.C.'§ 586(f)(1) (2012). The Administrative Office of the United States Courts filed a Report of Debtor Audit (“Report”) on September 2, 2014 stating that there were no material misstatements in the Debtor’s petition, schedules, and statements. While the Report noted that there were no material misstatements, by separate letter to the Bankruptcy Administrator (“BA”) of the same date, the auditor listed omissions from the Debtor’s schedules and statement as follows: (1) a partnership known as “Dollars, Sense and Growth Investment;” (2) GQM Enterprises, LLC (“GQM”) as a possible business affiliation of the Debtor; (3) one Wells Fargo savings account # 9886; and (4) two PNC bank accounts, #2779 and #2787.

After the first § 341 meeting,1 the Trustee requested a title search to determine whether the Debtor had any interest of record in her residence or in a rental property owned by her husband.2 The title search reflected that the Debtor was not listed on the deed for either of those properties; however, it revealed that the Debtor-had transferred an interest in real property located at 2537 N. Liberty Street, Winston-Salem, North Carolina, (the “Liberty Street Property”) by quitclaim deed to her brother, Mr. Powell, just 15 days prior to the Petition Date.

As a result, on September 29, 2014, the Trustee filed an adversary proceeding3 [322]*322against Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
541 B.R. 317, 2015 Bankr. LEXIS 3942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-jeffries-in-re-jeffries-ncmb-2015.