Murrin v. Hanson (In re Murrin)

477 B.R. 99, 2012 WL 3597190, 2012 U.S. Dist. LEXIS 116949
CourtDistrict Court, D. Minnesota
DecidedAugust 20, 2012
DocketBankruptcy No. 09-38182; Civil No. 12-987 (JNE)
StatusPublished
Cited by9 cases

This text of 477 B.R. 99 (Murrin v. Hanson (In re Murrin)) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murrin v. Hanson (In re Murrin), 477 B.R. 99, 2012 WL 3597190, 2012 U.S. Dist. LEXIS 116949 (mnd 2012).

Opinion

ORDER

JOAN N. ERICKSEN, District Judge.

John Murrin appeals three final orders of the United States Bankruptcy Court for the District of Minnesota. Trustee Randall Seaver opposes the appeal separately, and the other Appellees join together in opposition. For the reasons set forth below, the Court affirms the orders denying relief from the bankruptcy stay, and reverses and remands the decision of the bankruptcy court that granted Chapter 7 bankruptcy relief.

I. BACKGROUND

In August 2004, John Murrin and his wife, DeVonna Murrin, invested $600,000 in Avidigm Capital Group, Inc. in exchange for a promissory note. Avidigm was a vehicle for real estate speculation dealing in distressed properties. Avidigm ceased operations and the Murrins brought suit in Hennepin County District Court against Avidigm and 45 other named defendants. The Murrins reached settlement agreements with several of the defendants totaling $707,000 — an amount greater than their initial investment in Avidigm. They [103]*103continued to pursue their suits against the remaining defendants. John Murrin represented himself in these lawsuits, and De-Vonna Murrin was represented by an attorney, Christopher LaNave. Among the remaining defendants were the Appellees for the bankruptcy appeal now before the Court.

The remaining defendants in the state court litigation had only tangential connections to Avidigm or were employed in a clerical capacity by the company. Ultimately, the Hennepin County District Court terminated the Murrins’ lawsuit as to all the remaining defendants in a June 13, 2008 order that was adverse to the Murrins. The Murrins unsuccessfully appealed, and the Minnesota Court of Appeals later granted costs and disbursements to the appellees and against the Murrins.

After the dispositive rulings of the state trial court, several of the defendants made motions for imposition of sanctions on the Murrins and LaNave. The trial court granted these motions. In an order dated December 8, 2008, the trial court awarded attorney fees and costs to each movant and entered judgment jointly and severally against the Murrins and LaNave for a total of $432,966.38 in attorney fees and $32,484.86 in costs and disbursements. LaNave settled with the defendants for an undisclosed amount. Later, the Murrins were adjudicated in contempt in connection with the post judgment collection of the sanctions judgment. The Murrins appealed the contempt adjudications as well as the awards of fees and costs. These issues were consolidated on appeal to the Minnesota Court of Appeals.

While that appeal was pending, four of the awardees of attorney fees and costs joined together (several other state court defendants joined later) and filed involuntary bankruptcy petitions against the Murrins under 11 U.S.C. § 303. The bankruptcy court questioned the filing of involuntary bankruptcy while the Murrins’ appeal was pending in state court. The petitioners explained that an investigation revealed that John Murrin transferred $385,000 to his 83-year-old mother in late 2008. The petitioners argued that the involuntary petition could not be delayed without risking further asset transfers to insiders. The Murrins responded with a motion to dismiss the involuntary bankruptcy petition. At a hearing on the Mur-rins’ motion, the parties stipulated to a grant of relief from the automatic bankruptcy stay to allow the proceedings in the Minnesota Court of Appeals to go forward. The parties agreed to delay the bankruptcy proceedings until the Minnesota Court of Appeals ruled on the Murrins’ appeal.

The Minnesota Court of Appeals affirmed the Hennepin County District Court as to the imposition of sanctions and findings of contempt as to John Murrin but reversed as to DeVonna Murrin. Murrin v. Mosher, Nos. A09-314, A09-315, A09-816, A09-1400, 2010 WL 1029306 (Minn.Ct.App. Mar. 23, 2010), rev. denied (Aug. 10, 2010). The Minnesota Supreme Court denied a petition for review. The bankruptcy court combined the proceedings on the Murrins’ motion to dismiss with the proceedings on the involuntary bankruptcy petition itself. The bankruptcy court conducted an evidentiary hearing and issued an order dated January 4, 2012 resolving the three issues raised by the Murrins. First, the bankruptcy court determined that the petitioning creditors had standing to seek bankruptcy relief under 11 U.S.C. § 303(b)(1) (2006). Second, it found that the Murrins were generally not paying their debts, which established a basis for Chapter 7 bankruptcy relief under 11 U.S.C. § 303(h)(1). Third, the [104]*104bankruptcy court concluded that venue was proper in Minnesota under 28 U.S.C. § 1408.

John Murrin now appeals all aspects of the bankruptcy court’s January 4, 2012 order as well as orders issued on November 18, 20101 (denying the Murrins’ Motion for Relief from Stay) and February 9, 2012 (denying the Murrins’ Motions for Relief from Orders for Relief under Chapter 7 and for Relief from Stay).

II. DISCUSSION

This Court sits in review of bankruptcy court decisions pursuant to 28 U.S.C. § 158(a) (2006). The Court reviews the bankruptcy court’s conclusions of law de novo and its factual findings for clear error. Dapec, Inc. v. Small Bus. Admin. (In re MBA Poultry, LLC), 291 F.3d 528, 538 (8th Cir.2002).

A. Jurisdictional challenge

Murrin argues that the bankruptcy court’s Orders denying Murrin’s request to lift the automatic bankruptcy stay and its Order granting relief under Chapter 7 were barred by the Rooker-Feldman doctrine. That doctrine generally provides that lower federal courts-including bankruptcy courts—do not have jurisdiction over appeals from a state court judgment. See Friends of Lake View Sch. Dist. v. Beebe, 578 F.3d 753, 758 (8th Cir.2009). The Rooker-Feldman doctrine is a narrow doctrine “confined to cases ... brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced.” Dodson v. Univ. of Ark. for Med. Scis., 601 F.3d 750, 754 (8th Cir. 2010) (quoting Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005)).

The involuntary bankruptcy petition at issue here was brought by the state court winners and does not challenge—but instead seeks to enforce—the state court judgment for sanctions against Murrin. The involuntary bankruptcy petition more likely furthers the state court’s purpose by ensuring Murrin fulfills his financial obligation imposed by that court’s judgment. This case does not fit into the scope of Rooker-Feldman doctrine, and the Court has subject matter jurisdiction.2

B.

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Bluebook (online)
477 B.R. 99, 2012 WL 3597190, 2012 U.S. Dist. LEXIS 116949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murrin-v-hanson-in-re-murrin-mnd-2012.