Navy Federal Credit Union v. Purse (In re Purse)

537 B.R. 28
CourtUnited States Bankruptcy Court, S.D. Georgia
DecidedAugust 25, 2015
DocketCase Number 14-10311; Adversary Proceeding Number 14-01022
StatusPublished
Cited by9 cases

This text of 537 B.R. 28 (Navy Federal Credit Union v. Purse (In re Purse)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Navy Federal Credit Union v. Purse (In re Purse), 537 B.R. 28 (Ga. 2015).

Opinion

OPINION AND ORDER

SUSAN D. BARRETT, CHIEF UNITED STATES BANKRUPTCY JUDGE

Before the Court is a motion for summary judgment filed by Navy Federal Credit Union (“Navy”) seeking a determination that Navy’s claim is non-dischargea-ble pursuant to 11 U.S.C. § 523(a)(2)(A), § 523(a)(2)(B) and § 523(a)(6). Navy contends Stanley Earl Purse (“Purse”) incurred several debts with Navy that he never intended to repay and defrauded Navy by providing false information about his income and the intended purpose of the proceeds. These are core proceedings pursuant to 28 U.S.C. § 157(b) and the Court has jurisdiction under 28 U.S.C. § 1334. Because disputes of material fact remain, Navy’s motion for summary judgement is denied.

UNDISPUTED FACTS

Purse worked as an aircraft mechanic, but after receiving a diagnosis of chronic obstructive pulmonary disease (COPD), he began seeking out new business ventures. He wanted to build his credit and wealth through other endeavors. In such pursuits, Purse claims he became the victim of a fraudulent scheme that injured Navy and Purse.

In an effort to pursue these new business ventures, Purse’s son introduced him to Sam Banks in late 2012. Purse stated Sam Banks (“Banks”) was a “financial guy” who could help build Purse’s credit and wealth through buying and selling of [33]*33properties. Purse 2004 Exam at 30. To facilitate this process, Purse gave Banks his personal information including his social security number, date of birth, and employment information. Purse Dep. at 14; Purse 2004 Exam at 40. Thereafter, Purse began to question how Sam Banks conducted business and decided instead to deal with Sam Banks’s business partner, Linda Artis (“Artis”) whom Purse believed was a lender who could help him obtain credit to finance his business endeavors. Purse 2004 Exam at 30-31. In turn, Artis introduced Purse to A1 Banks,1 a purported well-connected business individual who pitched to Purse the business idea of buying luxury vehicles to lease to others. Purse Dep. at 31-32. Purse stated that he formed a business entity called “High Line” or something similar to undertake this new business venture. Purse Dep. at 14; Purse Dep. at 31-32. The business plan was to purchase high-end vehicles such as Porsches and rent them to customers.

Purse allowed his personal information to be utilized by Artis and A1 Banks with the understanding that they were building his credit and establishing credit lines to finance this new business venture. He agreed to pay Artis and A1 Banks based upon a percentage of the credit obtained. Purse 2004 Exam at 32-35, 39 and 41.

Purse indicates that he did not complete or review the loan application to Navy dated October 9, 2012 (the “Loan Application”) but believes Artis, Sam Banks or A1 Banks completed it. Purse Dep. at 30. The Loan Application indicates Purse’s monthly income is $7,613.00 ($91,356.00 annually), and that the loan is for “personal expense no collateral”, and fails to disclose the intent to pursue a business venture. Purse Dep. at 40; Purse Dep. Plaintiffs Ex. No. 13. Navy contends the Loan Application was false as to Purse’s income and his intended purpose of the loan. Purse admits he never informed Navy that he planned to use the loan proceeds for business purposes, but he states he never reviewed or even saw the online Loan Application. Purse Dep. at 30-32.

Purse acknowledges he signed the Promissory Note, Security Agreement and Disclosure in favor of Navy (the “Note”) representing he would repay the loan and that the loan was for “personal expense.” Purse Dep. at 40; Purse Dep. Plaintiffs Ex. No. 11 (the “Note”). He acknowledges receiving and depositing the $32,000.00 loan proceeds into his personal bank account. Purse Dep. at 31, 40, 43, 47-48; Purse Dep. Ex. No. 13. From these proceeds, he paid both business and personal expenses, including the agreed upon percentage commissions to Artis and A1 Banks. Purse Dep. at 40 and 43; Purse 2004 Exam at 37, 39 and 43.

Navy contends it approved the loan based upon the information provided in the Loan Application and in reliance upon the representations from Purse that he would repay the loan in accordance with its terms and conditions. Navy states the information provided on behalf of Purse in the Loan Application raised no red flags that would lead Navy to believe any of the information was false. Aff. of Maxine Beecher (“Beecher Aff.”) ¶ 7. Navy contends it would not have made the loan if it had known Purse did not plan to use the proceeds for personal purposes, or that he would fail to repay the loan. Beecher Aff. ¶ 9.

Substantially contemporaneously with the loan, Purse obtained a Navy credit card, as a result of Artis, A1 Banks or Sam Banks applying online for the card on his [34]*34behalf. Purse Dep. at 30-31; Purse Dep. Plaintiffs Ex. No. 14. Purse contends he never saw or reviewed the credit card application. Purse Dep. at 30-32. He acknowledges he utilized the credit card for personal and business expenses, including paying Artis and A1 Banks their agreed upon percentage fee.'

The applications for the loan and credit card were both dated October 9, 2012. Plaintiffs Ex. Nos. 13 and 14. The Loan Application lists Purse’s monthly income at $7,613.00 ($91,356.00 annually). The credit card application reflects his monthly income was $8,274.83 ($98,974.00 annually). Purse Dep. 49-50; Plaintiffs Ex. Nos. 13 and 14. Navy contends Purse’s stated income and intended use of the credit card are false and that Purse never intended to repay the debt under the terms of the credit card agreement. Beecher Aff. ¶ 17.

As shown above, the evidence concerning Purse’s income on the applications is conflicting. In addition to these discrepancies, in his deposition, Purse stated his income in 2012 was between $78,000.00 ($6,500.00/month) and $80,000.00 ($6,666.67/month). Purse Dep. at 49-50. But when later asked if his income in 2012 was $7,400.00/month ($88,800.00 annually) he stated yes and when asked if it is $7,600.00/month in 2012 ($91,200.00 annually), Purse answered yes. Purse Dep. at 52. Purse’s 2012 joint tax return shows his household income at $97,122.00. Purse 2004 Exam, Plaintiffs Ex. No. 4. His Statement of Financial Affairs filed in connection with his 2014 bankruptcy petition states his 2012 income was $65,000.00. SOFA, Dckt. No. 1, Chap. 7 Case No. 14-10311. Debtor also testified that he is an hourly employee and sometimes he receives overtime, so his income varies. Purse’s 2004 Exam at 58.

At the time he received the credit card and began using it, Purse acknowledges that he did not have enough income to make payments to Navy. Purse Dep. at 53-54. However, he states he expected to make sufficient money from his business venture to cover all his expenses and he kept some of the loan proceeds to make payments to Navy until this income materialized.

Purse states he was involved in numerous transactions with third party lenders. He claims he thought that high-end vehicles were being purchased in his name through some of the credit lines. Purse says he was shown the title to a Porsche that was supposedly bought in his name, but he never had physical possession of the actual title. Purse Dep. at 17, 22-24; Purse 2004 Exam at 112.

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Cite This Page — Counsel Stack

Bluebook (online)
537 B.R. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/navy-federal-credit-union-v-purse-in-re-purse-gasb-2015.