New Falls Corporation v. Choi

CourtUnited States Bankruptcy Court, N.D. Texas
DecidedApril 15, 2025
Docket23-03070
StatusUnknown

This text of New Falls Corporation v. Choi (New Falls Corporation v. Choi) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Falls Corporation v. Choi, (Tex. 2025).

Opinion

ER. CLERK, U.S. BANKRUPTCY COURT fey ED SA NORTHERN DISTRICT OF TEXAS & OSB Si \G □□ 4 ENTERED A ane |.) THE DATE OF ENTRY IS ON \EQ\ ac Me jg THE COURT’S DOCKET NLS ‘Ys OY The following constitutes the ruling of the court and has the force and effect therein described. eo ——<——_ TT 9m Ee Signed April 15, 2025 United States Bankruptcy Judge

United States Bankruptcy Court Northern District of Texas Dallas Division In re: § § Mi Hyun Choi, § Case No. 22-30711-swe7 § Debtor. § § § § § New Falls Corporation, § § Plaintiff, § § Vv. § Adv. No. 23-03070-swe § Mi Hyun Choi, § § Defendant. § §

Memorandum in Support of Final Judgment I. Introduction  This is the Court’s ruling on the trial in Adversary No. 23-3070.  These are the Court’s findings of fact and conclusions of law pursuant to Rule 52(a)(1) of the Federal Rules of Civil Procedure, made applicable to this Adver- sary Proceeding by Rule 7052 of the Federal Rules of Bankruptcy Procedure.1  In this adversary proceeding, the Plaintiff New Falls Corporation (“New Falls”) is seeking a determination that its judgment against the Debtor is non- dischargeable under Bankruptcy Code section 523(a) and that the Debtor should not be granted a discharge at all pursuant to section 727(a).  The Court has considered the admitted exhibits, the docket in this bankruptcy case and adversary proceeding, and the testimony of the witnesses. The Court has paid close attention to the credibility of each witness, which is crucial in this case.  Many of the witnesses spoke Korean but little or no English, so the parties used a translator at trial. Even with the logistics of translated testimony, the Court could still determine which witnesses were generally credible and which were not, and which portions of each witness’s testimony were credible and which portions were not. No translator was necessary for the Debtor’s testi- mony since she speaks English fluently.  For the reasons the Court will explain, the Plaintiff proved that the Debtor is not entitled to a discharge under section 727(a). Because the Debtor is not en- titled to a discharge, the Plaintiff’s section-523 claims will be denied as moot since there is no discharge and thus no debt to except from discharge. II. Jurisdiction  This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. This adversary proceeding involves a core matter un- der 28 U.S.C. § 157(b)(2)(I) and (J). Venue for this adversary proceeding is proper under 28 U.S.C. § 1409(a).

1 The Court originally intended to read these findings of fact and conclusions of law into the record. Due to counsel conflicts in scheduling the ruling, the Court elected to convert the ruling into this less-formal-than-opinion format. III. Factual Background  The Plaintiff’s case touches on a variety of actions taken by the Debtor and her family over several years. The high points can be split into four different cate- gories: the foreclosures, the fraudulent transfers, the transfers of a certain real property, and the Debtor’s personal life. o First, the Court will give the background of the foreclosures:  Before 2015, the Debtor’s father, Peter Park, founded Auto Center Unlimited, G.P. (“Auto Center”), Super Fiesta, L.P. (“Fiesta Ba- zaar”), and Fiesta Group, L.P. (“Fiesta Group” or the “Event Center,” and all entities collectively, the “Park Businesses”). Transcript of Hearing Held 1/6/25 [Docket No. 83] at 143:10–22. The Debtor managed those businesses, and her mom, Sue Park, was the bookkeeper. Id. at 143:24–25; Transcript of Hearing Held 1/8/25 [Docket No. 85] at 11:23–25.  Because the Parks speak very little English, the Debtor trans- lated for them all English documents related to the businesses, including legal documents such as foreclosure notices and de- mand letters. Transcript of Hearing Held 1/7/25 [Docket No. 84] at 91:16–22.  In May 2006, Mr. Park, on behalf of Auto Center, obtained financ- ing of roughly $1.7 million from United Central Bank (“UCB”). Mr. Park personally guaranteed the note. UCB received a deed of trust on the Auto Center property. Amended Joint Pre-Trial Or- der [Docket No. 60] at 3.  At approximately that same time, Mr. Park, on behalf of Fiesta Group, borrowed $2 million from City Bank of Texas secured by a deed of trust on the Fiesta Group-owned property. Mr. Park per- sonally guaranteed the note. Plaintiff Ex. 59 at 196–205.  UCB later transferred the Auto Center note and related agree- ments to ACM United CR, LLC (“ACM”). Amended Joint Pre-Trial Order [Docket No. 60] at 3.  By 2015, the businesses were struggling financially and were un- able to pay ACM or City Bank. Id. at 3; Transcript of Hearing Held 1/7/25 [Docket No. 84] at 90:15–23.  City Bank foreclosed on the Fiesta Group-owned property in July 2015. Amended Joint Pre-Trial Order [Docket No. 60] at 4.  ACM foreclosed on the Auto Center property in October 2015. In September 2016, ACM obtained a final judgment against Mr. Park and Auto Center for the deficiency of over $933,000. Id.  In February 2019, ACM transferred the rights in the deficiency judgment to the Plaintiff New Falls. Id. at 5.  Fiesta Bazaar’s property was also foreclosed upon around the time of the other foreclosures. Transcript of Hearing Held 1/7/25 [Docket No. 84] at 16:1–22. o Next, the Court will discuss the circumstances surrounding the fraudu- lent transfers:  Between 2015 and 2017, Mr. Park borrowed approximately $1.49 million through multiple loans from a man he met at a Korean community meeting named John Chong. Id. at 98:25–99:12.  The most notable Chong loan was Mr. Park’s borrowing of $350,000 from Mr. Chong on July 12, 2015. Amended Joint Pre-Trial Order [Docket No. 60] at 4. Mr. Chong received a deed of trust on property Mr. Park owned in Flower Mound, Texas. Plaintiff Ex. 8. Mr. Park and many other investors also owned a neighboring portion of property through an entity known as Hanmi Realty, Inc. (“Hanmi Realty”). Transcript of Hearing Held 1/7/25 [Docket No. 84] at 55:10–15, 102:15–17.  Mr. Park deposited the $350,000 check into a joint account at Wilshire Bank that he shared with Mrs. Park and the Debtor (the “$350,000 Deposit”). Transcript of Hearing Held 1/6/25 [Docket No. 83] at 155:2–8.  On July 14, 2015, merely two days after receiving the money from Mr. Chong, Mr. and Mrs. Park transferred $184,000 from the shared Wilshire account to the Debtor (the “$184,000 Transfer”). Amended Joint Pre-Trial Or- der [Docket No. 60] at 4.  Mr. Park told Mr. Chong that the loan was needed so the Parks could purchase a condo. No one ever told Mr. Chong that a significant portion of the money he loaned to Mr. Park was given to the Debtor. Transcript of Hearing Held 1/7/25 [Docket No. 84] at 138:19–140:9.  The parties stipulated before trial that Peter Park did not receive anything in exchange for the $184,000 Transfer. Amended Joint Pre-Trial Order [Docket No. 60] at 4. Still, the Debtor and the Parks insisted at trial that the $184,000 was actually paid on account of the Debtor’s work for the Park Businesses. But their stories didn’t match up. o Sue Park testified that the money was for missed salary payments to the Debtor and was a bonus for all her work over the years for the Park Businesses.

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New Falls Corporation v. Choi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-falls-corporation-v-choi-txnb-2025.