MWRD Employees' Credit Union v. Frazier (In re Frazier)

551 B.R. 410
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedJune 20, 2016
DocketBankruptcy Case No. 15 B 05304; Adversary Case No. 15 A 00812
StatusPublished
Cited by4 cases

This text of 551 B.R. 410 (MWRD Employees' Credit Union v. Frazier (In re Frazier)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MWRD Employees' Credit Union v. Frazier (In re Frazier), 551 B.R. 410 (Ill. 2016).

Opinion

MEMORANDUM OPINION

Janet S. Baer, United States Bankruptcy Judge

The MWRD Employees’ Credit Union (the “Plaintiff”) filed an adversary complaint in the bankruptcy case of Selina L. Frazier (the “Debtor”), seeking a determination that a debt owed to the Plaintiff by the Debtor in connection with the Debtor’s Chevrolet Impala is nondischargeable pursuant to 11 U.S.C. § 523(a)(6).1 The Plaintiff also alleged that the Debtor is not entitled to a discharge pursuant to § 727(a)(2). For the reasons set forth below, the Court finds that the Plaintiff has [414]*414failed to meet its burden to establish the elements required under either § 523(a)(6) or § 727(a)(2). As such, the debt at issue will not be excepted from discharge, nor will the Debtor’s discharge be denied.

JURISDICTION

The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and Internal Operating Procedure 15(a) of the United States District Court ■ for the Northern District of Illinois. This is a core proceeding under 28 U.S.C. §§ 157(b)(2)(A), (I), and (0).

BACKGROUND

The pertinent facts are drawn from the complaint, the exhibits attached thereto, the Court’s docket, and the testimony and various exhibits received into evidence at a bench trial that was held on April 5, 2016. At that trial, Linda Geers (“Geers”),-the president and general manager of the Plaintiff, and Sheila O’Leary (“O’Leary”), the collections department manager of Creditors Resource Service (“CRS”), testified for the Plaintiff.2 The Debtor appeared pro se and, despite having failed to file a written answer to the complaint, testified in her own defense.3 As established by the applicable documents and the trial testimony, the facts that are relevant to the Plaintiffs claims of nondischarge-ability and denial of discharge can be summarized as follows.

On June 9, 2012, the Debtor, an employee of the Metropolitan Water Reclamation District, entered into a retail installment contract for the purchase of a 2012 Chevrolet Impala (the “Vehicle”) and granted a security interest in the Vehicle to the lender.. (Compl. ¶ 6; Trial Tr. 13:15-16.) Thereafter, the Debtor began to experience significant financial trouble and, as a result, turned to the Plaintiff for help in early 2013. According to Geers’ testimony, the Debtor’s “very bad” credit history included eleven creditors that needed to be “addressed,” and she was paying a “terribly high” rate of. interest on the Vehicle. (Trial Tr. 12:10-16.) To alleviate the Debtor’s financial difficulties, the Plaintiff helped her consolidate her debts, acquired the retail installment contract from the original lender, and gave the Debtor a car loan, in an amount based on the value of the Vehicle, at a much lower interest rate. (Compl. ¶ 6 & Exs.; Trial Tr. 12:17-14:12.) Additionally, the Plaintiff provided the Debtor with an unsecured signature loan based on her length of employment, [415]*415as well as a People Helping People loan. (Compl. Exs.; Trial Tr. 14:4-7.)

On January 25, 2014, the Vehicle was impounded by the City of Chicago (the “City”) because of unpaid parking tickets. (Trial Ex. A; Trial Tr. 16:3-4, 17:1-3, 26:10-13, 37:14-24, 52:1-53:17.) The Debt- or received those tickets for parking violations in connection with both her own Vehicle and a car for which she had co-signed with a friend.4 (Trial Tr. 37:20-24, 52:1-53:17.) A notice of impoundment dated January 29, 2014 was sent to the Plaintiff by the City. (Trial Ex. A.) According to the notice, failure to claim the Vehicle within twenty-one days of the notice date could “result in the sale or other disposition of the [V]ehicle and its contents....” (Id.)

Upon learning of the impoundment, the Debtor contacted the Plaintiff for assistance in recovering the Vehicle. (Trial Tr. 16:5-11; see also Trial Ex. A.) Before the Plaintiff was able to offer help, however, the Debtor borrowed funds from family members to pay for the outstanding tickets and impound-related fees and retrieved the Vehicle from the City. (Trial Tr. 16:11-14, 37:25-38:1, 41:24-42:8, 43:7-25.)

On December 27, 2014, the Vehicle was impounded by the City a second time, again because the Debtor had accumulated parking tickets that had not been paid. (Trial Ex. B; Trial Tr. 16:17-22, 17:1-3, 42:9-11, 44:1-5, 53:18-54:6.) A notice of impoundment dated January 6, 2015 was sent to the Plaintiff by the City. (Trial Ex. B.) The notice included the same language as the first -one, warning that the Vehicle could be sold or otherwise disposed of if not claimed within' twenty-one days. (Id.) Once again, the Debtor contacted the Plaintiff for help in getting the Vehicle back from the impound lot. (Trial Tr. 16:21-25, 38:1-3.) This time', the Debtor did not have the funds necessary to recover the Vehicle. (Trial Tr. 17:12-13.) Accordingly, the Plaintiff paid the City for the impound-related fees and outstanding parking violations and then added those amounts, which totaled $2,830, to the Debtor’s loans with the Plaintiff. (Trial Exs. B & J; Trial Tr. 17:12-13.)

With her financial difficulties continuing (Trial Tr. 36:1-17), the Debtor filed a voluntary petition for relief under chapter 13 on February 17, 2015 (Bankr.No. 15-5304, Docket No. 1). On her schedule D, she listed the debt owed to the Plaintiff for the Vehicle in the amount of $15,800 and a value for the car of $12,950.5 (Trial Ex. F; see also Trial Tr. 49:20-50:10.) In her initial plan, filed on February 18, 2015, the Debtor proposed to pay the Plaintiff directly for the Vehicle. (Bankr.No. 15-5304, Docket No. 6; see also Trial Tr. 36:18-25.) Pursuant to schedule I, which was filed with the petition, the monthly payment for the Vehicle was listed as $1,133.17. (Bankr.No. 15-5304, Docket No. 1.) On February 26, 2015, shortly after filing for bankruptcy relief, the Debtor insured the Vehicle with full coverage through Access American Casualty Corn-[416]*416pany. (Trial Ex. H; see also Trial Tr. 55:15-57:2.)

About two months later, on April 15, 2015, while the Debtor’s chapter 13 case was pending, the City impounded the Vehicle a third time, again because of unpaid parking tickets. (Trial Ex. C; Trial Tr. 17:19-22, 21:1-3, 28:21-23.) A notice of impoundment dated April 20, 2015 was sent to the Plaintiff by the City. (Trial Ex. C.) Once again, the notice warned that the Vehicle could be sold or otherwise disposed of if it was not claimed within twenty-one days of the date of the notice. (Id.)

At trial, the Debtor gave conflicting testimony regarding both the second and third impoundments. • She initially testified that she did not get the Vehicle back after it was impounded the second time. (Trial Tr. 40:5-41:14, 42:15-18, 44:3-24, 48:9-11, 50:20-51:2.) She also testified that she did not know that the Vehicle had been impounded a third time. (Trial Tr.

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Cite This Page — Counsel Stack

Bluebook (online)
551 B.R. 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mwrd-employees-credit-union-v-frazier-in-re-frazier-ilnb-2016.