Quality Car & Truck Leasing, Inc. v. Adkins (In re Adkins)

567 B.R. 501
CourtUnited States Bankruptcy Court, S.D. West Virginia
DecidedFebruary 15, 2017
DocketCASE NO. 2:14-bk-20211; ADVERSARY PROCEEDING NO. 2:14-ap-2082
StatusPublished
Cited by4 cases

This text of 567 B.R. 501 (Quality Car & Truck Leasing, Inc. v. Adkins (In re Adkins)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quality Car & Truck Leasing, Inc. v. Adkins (In re Adkins), 567 B.R. 501 (W. Va. 2017).

Opinion

MEMORANDUM OPINION AND ORDER

Frank W. Volk, Chief Judge

This matter is before the Court on Quality Car and Truck Leasing, Inc.’s Motion for Partial Summary Judgment Under Section 523 of the Bankruptcy Code (doc. 73), filed on September 15, 2016, and Quality Car and Truck Leasing, Inc.’s Motion for Partial Summary Judgment Under Section 727 of the Bankruptcy Code (doc. 71).

After receiving no response from the Defendant, Bobby Keith Adkins, a Rose-boro Notice issued allowing Mr. Adkins until October 28, 2016, to respond. He did so on October 31,2016 (doc. 78), and Quality Car and Truck Leasing, Inc. (“Quality Car”) replied on November 7, 2016 (doc. 82), The matter is thus ripe for adjudication.

This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I). The Court has jurisdiction pursuant to 28 U.S.C. § 157 and 28 U.S.C. § 1334.

I.

A. Facts and Procedural History

Bobby Keith Adkins filed his Chapter 7 Petition on April 23, 2014. In July of that year, Quality Car filed the above-captioned adversary proceeding. In the main case, the Chapter 7 Trustee filed a Report of Assets and Request to Issue Claims Notice on August 28, 2014 (doc. 59). However, that Report was withdrawn on December 20, 2016, and a Report of No Distribution was issued on the same day (doc. 94). Quality Car has objected to that withdrawal and a hearing is scheduled for February 2, 2017. No discharge has been entered for Mr. Adkins.

This adversary proceeding was commenced with the filing of a Complaint by Quality Car under sections 523 and 727 of the Bankruptcy Code. Mr. Adkins filed an Answer on August 20, 2014. Quality Car filed a Motion for Default Judgment in May of 2015, to which Mr: Adkins responded and Quality Car replied. After a hearing in September of 2015, the Motion for Default Judgment was denied, but the Court ordered Mr. Adkins to fully cooperate with the Chapter 7 Trustee in identifying and liquidating assets, and to provide his tax returns, his complete file regarding application for disability benefits, and all information regarding his employment since filing. A.P. Dckt. 38.

Soon thereafter, Mr. Adkins’ counsel withdrew from his representation, and Mr. Adkins proceeded pro se as of December ^0, 2015. Following some discovery, Quali[504]*504ty Car filed the instant Motion for Partial Summary Judgment.

Mr. Adkins lives on a farm in Jackson County, West Virginia, and sometimes conducts business as himself, or as either “Adkins Farm” or “Adkins Farms Rental Equipment.” Mr. Adkins has a son, Jacob Adkins, who lives or has lived with him on the farm and worked with Mr. Adkins in the farm businesses.

Prior to 2009, Mr. Adkins purchased several items of farm equipment which were financed by Quality Car, pursuant to purchase money security interests. This equipment was to be used solely in his farm equipment rental business. Mr. Adkins defaulted under these security agreements during or before 2009. Quality Car agreed to refinance the agreements, conditioned upon Jacob Adkins acquiescing to become a joint obligor and co-maker. Under these refinanced agreements, under which Mr. Adkins and Jacob Adkins were joint obligors, Quality Car was granted liens and security interests in 87 pieces or categories of equipment/vehicles. Provided to Quality Car were VINs, bills of sale, serial numbers, purchase prices, and other documentation. Quality Car properly perfected the liens by making UCC filings and was in first position on all of them.

Eventually, Mr. Adkins and Jacob Adkins defaulted on these refinanced agreements. Quality Car made numerous attempts to locate and repossess the collateral, ■ but the Adkins’ refused to comply and allegedly “concealed and secreted” the equipment. Quality Car resorted to calling equipment dealers and auctioneers in an attempt to locate the equipment. Several transactions were uncovered.

1. Joe R. Pyle Auctioneer Service Transaction

Mr. Adkins sold several pieces of equipment in October of 2009 through the Joe R. Pyle Auction Service in Mount Morris, Pennsylvania. Quality Car learned of the sale in December of 2009. Following the auction, Mr. Adkins engaged in a financing scheme wherein he used $17,000 of the sale proceeds from the auction to purchase a vehicle, which was titled in Jacob Adkins’ name, and which was then used as collateral to obtain a $17,000 loan from.Traders Bank in Ripley, West Virginia. Only the Traders Bank lien was listed on the title. The vehicle was sold to bona fide purchasers in the spring of 2010, who took it free and clear of any attachment lien by Quality Car. Quality Car has since received $7,000 in proceeds from this sale, but $10,000 was ultimately diverted.

2. Quarrick Equipment & Auction, Inc. Sale(s)

In the spring of 2009, Mr. Adkins took several unidentified pieces of equipment to Quarrick Equipment & Auction, Inc., in Uniontown, Pennsylvania. Following an auction on April 2, 2009, Mr. Adkins was issued a check (no. 6119) in the amount of $10,523.50. That check was deposited on April 20, 2009, into Jacob Adkins’ account at City National Bank, at which time funds were also withdrawn.

A separate auction transaction may have taken place in 2009 or 2010, pursuant to a letter from David K. Moore, Mr. Adkins’ attorney, to Quality Car. The letter indicated several pieces of equipment that were sold at auction but did not list a place or time. The total amount of the sales was $16,600. The proceeds of this sale were transmitted from Mr. Moore to Quality Car via a check drawn on Mr. Moore’s trust account.

Quality Car was not aware of either of these auction transactions prior to their occurrence, nor did Quality Car provide Mr. Adkins with permission to auction this collateral.

[505]*505B. Greg May Sale

Mr. Adkins, at an unknown time, sold to Greg May two pieces of equipment for a combined $13,000. This information was relayed to Quality Car by Mr. Moore, who sent the proceeds of the sale to Quality Car via cashier’s check.

Quality Car was unaware of this transaction prior to its occurrence, nor did Quality Car provide Mr. Adkins with permission to sell this collateral.

4. Miscellaneous Sale

Mr. Adkins, at some unknown time, sold two pieces of equipment to an unidentified person for a total of $2,150. This information was relayed to Quality Car by Mr. Moore, who transmitted proceeds from the sale to Quality Car via a check drawn on Mr. Moore’s trust account. Quality Car was unaware of this unauthorized transaction prior to its occurrence.

Following Mr. Adkins’s default on the refinanced agreements, and Quality Car’s futile attempts to locate and repossess its collateral, Quality Car instituted an action in Jackson County, West Virginia. The action was titled Quality Car & Truck Leasing, Inc. v. Keith Adkins and Jacob Adkins, Civil Action No. 09-C-130. Quality Car sought both immediate possession of the equipment it could not locate, along with damages. Quality Car repossessed and sold at foreclosure all of the collateral it could locate. Mtn. Sum. Jdgmt. p. 5.

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Cite This Page — Counsel Stack

Bluebook (online)
567 B.R. 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quality-car-truck-leasing-inc-v-adkins-in-re-adkins-wvsb-2017.