O'Brien v. Skubic

574 B.R. 369, 2017 Bankr. LEXIS 2027
CourtUnited States Bankruptcy Court, N.D. Georgia
DecidedJuly 21, 2017
DocketCASE NUMBER: 15-72076-PMB
StatusPublished
Cited by2 cases

This text of 574 B.R. 369 (O'Brien v. Skubic) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Brien v. Skubic, 574 B.R. 369, 2017 Bankr. LEXIS 2027 (Ga. 2017).

Opinion

CONTESTED MATTER

ORDER ON SKUBIC DEFENSE TO DEBTOR’S MOTION FOR CONTEMPT AND SANCTIONS FOR VIOLATING THE AUTOMATIC STAY, DENYING SKUBIC’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY, AND SCHEDULING STATUS CONFERENCE ON REMAINING ISSUES

Paul Baisier, U.S. Bankruptcy Court Judge

Before the Court is the Motion for Contempt and for Violation of the Automatic Stay, filed by the Debtor on November 25, 2015 (Docket No. 8), and amended by the Amended Motion for Contempt and for Violation of the Automatic Stay, filed on December 16, 2015 (Docket No. 19) (collectively, the “Sanctions Motion”), and the responsive pleadings thereto described in the next paragraph. Also before the Court is the Amended Motion for Relief from Stay filed by Matthew Skubic (“Skubic”) on January 4, 2016 (Docket No. 23) (the “Motion for Relief from Stay”).

Aisha Blanchard Collins (“Collins”), the Blanchard Collins Law Firm, LLC (the “Collins Law Firm”), and Elizabeth Anne (“Liz”) Shepherd (“Shepherd”), d/b/a Triple Threat Legal filed Respondent’s Memorandum of Law in Opposition- to Debtors’s[sic] Motion for Contempt and Sanctions for Violation of the Automatic Stay on December 12, 2015 (Docket No. 16)(the “Initial Response”). Skubic, Collins, the Collins Law Firm and Shephard (collectively, the “Respondents”) filed the Amended Response by Defendants Matthew Skubic, Aisha Blanchard Collins, Blanchard Collins Law Firm, LLC, and Elizabeth Ann Shepherd in Opposition to Debtor’s Motion for Contempt and Sanctions for Violation of the Automatic Stay on December 31, 2015 (Docket No. 22) (the “Amended Response”; the Initial Response and Amended Response, collectively, the “Response”).

In the Sanctions Motion, the Debtor seeks sanctions under 11 U.S.C. § 362(k) against the Respondents for the post-petition service on the Debtor of certain pleadings related to, among other things, the collection of a pre-petition award for attorneys’ fees. The Respondents argue that collection of the attorneys’ fees was excepted from the automatic stay and therefore sanctions are not warranted. Skubic also requests in the Motion for Relief From Stay that the Court confirm that no stay is in place vis a vis the collection for the prepetition attorneys’ fees or alternatively that the automatic stay be modified to permit such collection.

A number of hearings were scheduled on the Motion and Response. All of those hearings were ultimately continued at the request and with the consent of all the parties, and no substantive hearings on the Sanctions Motion or the Motion for Relief from Stay have ever been held. At a status conference set by the Court on January 10, [372]*3722017, the parties requested that the Court rule on the pending pleadings and submissions on the issue of whether the relevant award of attorneys’ fees constitutes a “domestic support obligation” as defined in 11 U.S.C. § 101(14A). As part of that process, the Court directed the parties to file a stipulated set of facts regarding the award of the subject attorneys’ fees. In response, on April 14, 2017, the parties submitted a Joint Stipulation of Facts and Documents including all the documents and pleadings that were submitted to the Superior Court (defined below) in consideration and reconsideration of the relevant award of attorneys’ fees (Docket No. 83) (the “Joint Stipulation”).

For the reasons that follow, this Court finds that the Respondents actions did not qualify for the exception to the automatic stay that they assert applied. Further, there is not cause to modify the automatic stay.

BACKGROUND

Prior to the filing of this case, the Debt- or and Skubic, who have never been married, were parties to a legitimation and child custody action, commenced by Skubic as the father of the Debtor’s minor child, in the Superior Court of Fulton County, Georgia (the “Superior Court”). During the course of that action, the Superior Court entered several orders with regard to issues of paternity and parenting time. In the final order on paternity and parenting time (the “Parenting Order”)(attached as “Exhibit A” to the Amended Response), the Superior Court required the parties to submit supplemental pleadings to the extent they were requesting an award of attorneys’ fees (the “Fee Requests”). Both the Debtor and Skubic submitted letter briefs requesting same. See Exhibits “A” & “B” to the Joint Stipulation. Skubic sought attorneys’ fees under both O.C.G.A. §§ 19-9-31 and 9-15-142, while the Debt- [373]*373or sought fees only under O.C.G.A. § 19-9-3. After evaluating their requests and submissions, the Superior Court awarded attorney’s fees in the amount of $36,000.00 to be paid by the Debtor to Skubic’s attorney (the “Fee Award”).3 See Order on Petitioner’s Motion for Attorney’s Fees (the “First Order”), attached as Exhibit “C” to the Joint Stipulation.4 In the First Order, the Superior Court stated, inter alia, the following with respect to its ruling on attorney’s fees:

Considering the submissions filed by each party, the financial conditions of the parties, the pleadings, the evidence at trial, the outcome of the trial, the settlement offers made and the billing statements submitted on this issue, the Court finds attorney’s fees to be appropriate, pursuant to O.C.G.A. Sec. 19-9-3.

First Order, at *1. Skubic subsequently filed a motion for contempt against the Debtor in the Superior Court on October 16, 2016, alleging that the Debtor had willfully failed to comply with the Superior Court’s orders with respect to selecting childcare providers, and by denying Skubic parenting time, refusing to communicate with him, and failing to pay attorney’s fees as awarded. See Petitioner’s Motion for Citation of Contempt against Respondent (the “Contempt Motion”), attached as Exhibit “D” to the Amended Response.

Prior to being served with the Contempt Motion, the Debtor filed this case on November 16, 2015 (the “Petition Date”). In the Sanctions Motion, the Debtor asserted that she filed notice of the filing of this case in the Superior Court and served it on Collins, who was Skubic’s attorney, on the Petition Date, and then also mentioned the filing to Skubic on November 17, 2015. Sanctions Motion at ¶ 6-8. The Debtor further asserted that she was contacted on November 24, 2015, by Shepherd, a process server, who was trying to coordinate a time and place to serve the Debtor with the Contempt Motion. Sanctions Motion at ¶ 9. The Debtor said that she told Shepherd that she had filed for bankruptcy and that service of the Contempt Motion was not permitted. Sanctions Motion at ¶9. Nonetheless, the Debtor alleges that:

Later in the day on November 24, 2015, the Debtor was approached by Respondent Shepherd as the Debtor was entering the Department of Motor Vehicles. When the Debtor attempted to continue into the building, Respondent Shepherd assaulted the Debtor, thrust the [Contempt Motion] at her, and informed her that she had been served.

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Cite This Page — Counsel Stack

Bluebook (online)
574 B.R. 369, 2017 Bankr. LEXIS 2027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-skubic-ganb-2017.