PNC Bank, National Ass'n v. Buzzelli (In Re Buzzelli)

246 B.R. 75, 2000 Bankr. LEXIS 224, 2000 WL 245968
CourtUnited States Bankruptcy Court, W.D. Pennsylvania
DecidedMarch 2, 2000
Docket19-20711
StatusPublished
Cited by59 cases

This text of 246 B.R. 75 (PNC Bank, National Ass'n v. Buzzelli (In Re Buzzelli)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
PNC Bank, National Ass'n v. Buzzelli (In Re Buzzelli), 246 B.R. 75, 2000 Bankr. LEXIS 224, 2000 WL 245968 (Pa. 2000).

Opinion

MEMORANDUM OPINION

m. bruce McCullough, Bankruptcy Judge.

PNC Bank (hereafter “PNC”), plaintiff herein, via its instant adversary complaint (a) requests that this Court declare its judgment claim against Phillip Buzzelli, the above-captioned debtor and defendant herein, to be nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A)-(B), and (b) objects to the debtor’s Chapter 7 discharge pursuant to 11 U.S.C. § 727(a)(3)-(5). By virtue of its Memorandum Opinion and Order of Court dated February 25, 1999 (hereafter “the February 25, 1999 Opinion”), the Court (a) denied PNC’s request that its aforesaid judgment claim be declared nondischargeable, (b) overruled PNC’s objection to the debtor’s Chapter 7 *86 discharge pursuant to § 727(a)(4), and (c) deferred resolving said objection to discharge pursuant to § 727(a)(3) and (5). See Feb. 25, 1999 Opinion, at 11. The Court, within the instant memorandum opinion, now addresses PNC’s aforesaid objection to discharge pursuant to § 727(a)(3) and (5). A decision by the Court regarding PNC’s objection to discharge under § 727(a)(3) and (5) is appropriate at this time given that (a) a trial was commenced on the matter on December 7, 1998, which trial was continued until March 25, 1999, and then concluded on May 3, 1999, (b) the debtor was afforded additional time subsequent to trial to produce recorded information which might support his cause under § 727(a)(3) and (5), and (c) several post-trial hearings were held on July 28, 1999, August 26,1999, and September 30, 1999, for the purpose of allowing the parties to discuss, and the Court to assess, the sufficiency of the recorded information which the debtor produced subsequent to trial. For the reasons set forth below, the Court will sustain PNC’s objection to, and consequently will deny entry of, the debtor’s Chapter 7 discharge.

STATEMENT OF FACTS

I. Basis for PNC’s Objection to the Debtor’s Discharge.

On or about June 29, 1989, the debtor and his then wife obtained a loan from PNC the default from which ultimately resulted in PNC’s aforesaid judgment claim (hereafter “the PNC Loan”). See Feb. 25,1999 Opinion, at 2. The PNC Loan originated via a Letter Agreement with PNC (hereafter “the Letter Agreement”) wherein PNC offered, and the debtor and his then wife accepted, a $500,000 line of credit with PNC. See Id. The credit line was apparently granted so that the debtor and his then wife could consolidate other loans and for investment purposes. See PNC’s Trial Ex. 10. Multiple advances were made on the line of credit through April 16, 1991, and, as a result, the outstanding balance on the note accompanying the Letter Agreement, as of February 13, 1998, equalled $423,973.51 in principal with an additional $82,665.88 in accrued interest. See Feb. 25, 1999 Opinion, at 2-3.

In order to obtain the PNC Loan, the debtor and his then wife completed a Credit Application/Financial Statement dated March 16, 1989 (hereafter “the March 16, 1989 Financial Statement”). See Id. at 3. The Letter Agreement required the debtor to provide PNC with annual updates of the financial information contained in the March 16, 1989 Financial Statement. See Id. The debtor subsequently provided PNC with updated versions of the March 16, 1989 Financial Statement on (a) May 18, 1993, (b) July 20, 1993, and (c) December 21, 1995 (hereafter “the May 18, 1993, July 20, 1993, and/or December 21, 1995 Financial Statements;” the preceding financial statements, as well as the March 16, 1989 Financial Statement, hereafter shall be referred to collectively as “the Financial Statements” or “the four Financial Statements”). See Id.

The debtor maintained a solo medical practice specializing in ophthalmology at all pertinent times prior to the commencement of the instant case and for at least some time subsequent thereto. See Id. at 2. In each of the Financial Statements the debtor provided estimates of his annual gross income from said medical practice, with said estimates ranging from a low of $360,000 in 1989 to a high of $400,000 in 1992. See Id. at 4. The debtor also valued his medical practice at $400,000 in each of the last three Financial Statements. See PNC’s Trial Ex. 3, 5 & 6.

The debtor indicated in each of the Financial Statements that he also owned various other assets, to wit:

(a) A partial interest in realty located in Naples, Florida (hereafter the “Florida Realty”), which realty, according to the Financial Statements, was titled in both his name and that of certain of his *87 relatives. See PNC’s Trial Ex. 3-6. The Florida Realty is valued at $250,-000 in Schedule C of the March 16, 1989, and May 18, 1993 Financial Statements, and at $350,000 in Schedule C of the July 20, 1993, and December 21, 1995 Financial Statements. See Id. The last three Financial Statements indicate that the Florida Realty, as of May 18, 1993, and subsequent thereto, was not encumbered by any mortgage. See PNC’s Trial Ex. 3, 5 & 6.

(b) A personal collection of eleven Ferrari automobiles valued at (i) $4,000,000 as of March 16, 1989, (ii) $3,200,000 as of May 18, 1993, (iii) $3,000,000 as of July 20, 1993, and (iv) $2,500,000 as of December 21,'1995. See PNC’s Trial Ex. 3-6.

(c) An art collection and a collection of rare wines, which collections are respectively valued at $100,000 and $90,-000 in the March 16, 1989 Financial Statement. See PNC’s Trial Ex. 4. However, only the art collection is listed in the May 18, 1993 Financial Statement, wherein said collection is valued at $100,000. See PNC’s Trial Ex. 5. Neither collection is valued specifically in the July 20, 1993, and December 21, 1995 Financial Statements although both collections are apparently included in the $3,000,000 estimate for the debtor’s Ferrari collection set forth in the July 20, 1993 Financial Statement. See PNC’s Trial Ex. 3 & 6.

In contrast to the asset information contained within the Financial Statements, the debtor, in his Bankruptcy Schedule B, indicates that, as of his May 30,1997 petition filing date, he owned, inter alia, (a) $5,000 in accounts receivable from his medical practice, (b) $18,000 in equipment, furnishings, and supplies used in his medical practice, (c) $3,225 on deposit in three different checking accounts, (d) six Ferrari automobiles valued collectively at $202,000, and (e) fifteen pieces of artwork valued collectively at $8,600. See Deb. Bankr.Sch. B. Nowhere in his Bankruptcy Schedule B does the debtor make provision for either an ownership interest in the Florida Realty or his rare wine collection. See Id.

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Cite This Page — Counsel Stack

Bluebook (online)
246 B.R. 75, 2000 Bankr. LEXIS 224, 2000 WL 245968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pnc-bank-national-assn-v-buzzelli-in-re-buzzelli-pawb-2000.