Rajotte v. Carter

81 F. App'x 29
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 7, 2003
DocketNo. 02-5433
StatusPublished
Cited by2 cases

This text of 81 F. App'x 29 (Rajotte v. Carter) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rajotte v. Carter, 81 F. App'x 29 (6th Cir. 2003).

Opinion

OPINION

COOK, Circuit Judge.

This appeal concerns a debtor’s claim that a creditor interfered with the “fresh start” guaranteed by the debtor’s Chapter 7 bankruptcy. The bankruptcy court held that certain debt owed by Richard Rajotte to William Carter was a post-petition indebtedness supported by consideration independent of his discharged debt, not discharged by his bankruptcy, and thus enforceable against him. The court also denied Rajotte’s motion to find Carter in contempt. The district court affirmed the bankruptcy court decision. We AFFIRM the judgment of the bankruptcy court.

I. Background

The controverted debt derives from a series of transactions involving Rajotte, his first wife Fran, his second wife Marge, and Marge’s brother Carter. Our examination of the relevant transactions begins with Rajotte and Fran’s divorce that obligated Rajotte to pay the second mortgage on the marital residence and child support. For her part, Fran gave Rajotte a balloon promissory note in the amount of $21,340.75 (“Fran note”), secured by a Deed of Trust to compensate Rajotte for his share of the equity in the marital residence.

Rajotte remarried in 1982 and during that marriage to Marge, sister of the creditor here, several transactions pertinent to this dispute occurred. In 1984 Rajotte applied for a loan of $43,458.80 for his business, Chemex, from a local bank (Chemex loan). The bank required that Rajotte both sign a promissory note, and pledge as collateral the Fran note and the corresponding Deed of Trust on Fran’s home. The bank also required Rajotte to obtain personal guarantors; Marge and Carter guaranteed repayment of the Chemex loan should Rajotte default.

Rajotte eventually did default on the Chemex loan and he and Marge each filed for bankruptcy protection under Chapter 7 and obtained discharges in 1988. Their petitions scheduled the Chemex loan but omitted any reference to Carter. Rajotte testified that Marge’s family embarrassment together with his and her shared belief that excluding Carter would prevent a discharge of their debt to him, motivated their choice to avoid listing him or disclosing the bankruptcy to him, all with the hope and expectation of repaying him eventually. Rajotte testified that he viewed repaying Carter as a moral obligation.

During this time frame, with the Rajottes in bankruptcy, the bank looked to Carter as guarantor to repay the Chemex loan. After Carter paid the full $43,458.80 debt to the bank, it assigned to Carter the Chemex note plus its security-the Fran note and the accompanying Deed of Trust.

In 1991 when the Fran note matured, Carter as holder of the note and Deed of Trust, filed an action to foreclose on Fran’s residence. This circumstance coincided with other financial problems stemming from the Kajotte-Fran marriage dissolution. Fran and Rajotte were already litigating the matter of Rajotte’s delinquent child support payments in domestic relations court. Rajotte had been briefly jailed in the past for such delinquency.

Considering the financial predicaments he and Fran found themselves in, Rajotte devised a settlement plan whereby Fran could save her home from foreclosure, Ra[31]*31jotte would be relieved of his past due child support obligation to Fran, and Carter would receive some cash and a commitment from Rajotte to pay the balance of the Chemex loan plus interest in full. Rajotte, Carter, and Fran agreed to a tripartite deal as follows:

1. Carter, as the holder of the Fran note, accepted $9,087.41 in cash from Fran in full satisfaction of the $21,340.75 note and discharged the deed of trust on her residence— foregoing approximately $12,000 of the note’s value.
2. Fran released Rajotte from his debt to her for delinquent child support in exchange for Carter agreeing not to pursue approximately $12,000 on the note he held. This $12,000 forbearance by Carter (the difference between the amount of the note and the $9,087.41 Fran paid in full satisfaction of the note) inured directly to Rajotte’s benefit.
3. Rajotte agreed to repay Carter, as holder of the original Chemex note, the full value of that note including accumulated interest.

Rajotte never did pay as agreed. Only in 1995 did he begin to pay — usually about one hundred dollars per month — an amount insufficient to cover even the interest on the obligation. This slow rate of repayment eventually caused Carter to sue Rajotte in the Tennessee Chancery Court claiming Rajotte owed him over $90,000— the aggregate of the Chemex loan, interest, and the child support loan amount. Two days after the court served Rajotte with the complaint, Rajotte’s attorney notified Carter that the Chemex debt had been discharged in Rajotte’s Chapter 7 bankruptcy ten years earlier and requested that the collection efforts cease.

Following eight months of repeated demands to dismiss the chancery case because it sought to recover a discharged debt, Rajotte moved the bankruptcy court to hold Carter in contempt of the bankruptcy discharge injunction that protects bankrupts from collection efforts by former creditors. In response, Carter dismissed the state court case and he and his sister Marge1 filed an adversary proceeding in bankruptcy court to determine the dischargeability of the debt, which the bankruptcy court consolidated with the contempt motion.

At trial, Rajotte claimed that because Carter’s role in the tripartite agreement depended at least in part on Rajotte’s promise to repay the discharged Chemex debt, the tripartite agreement violated the bankruptcy court’s discharge injunction and may not be enforced. Carter, in response, urged that his funding of the $12,000 child support delinquency by his forbearance on collecting that amount through foreclosure represents new consideration, independent of the discharged debt, and permits him to enforce his claim for that amount.

After closing arguments in the case, the bankruptcy court ruled from the bench that no independent consideration supported the tripartite agreement, Carter could not enforce it, and his collection action contemptuously violated the § 524 bankruptcy discharge injunction. The court delayed entering its judgment pending additional briefing on the issue of sanctions. Then, eighteen months later, the bankruptcy court reversed its legal conclusions drawn from the same facts. With a Supplemental Findings of Fact and Con[32]*32elusions of Law and Judgment, the court decided that Rajotte’s post-petition debt of $12,253.43-the child support amount-was not discharged in Rajotte’s bankruptcy, though the Chemex-based debts were. The court likewise reversed its earlier contempt judgment by denying the motion to find Carter in contempt. Rajotte appealed and the district court affirmed the bankruptcy court’s amended ruling.

II. Standard of Review

This court reviews the bankruptcy court’s decision and not the district court’s decision. In re Eagle-Picher Industries, Inc., 285 F.3d 522, 526-27 (6th Cir.2002). We review the court’s findings of fact for clear error, all conclusions of law de novo, and we separate mixed questions of law and fact into their constituent parts and analyze each under the appropriate standard of review. Id. at 527.

III. The Tripartite Agreement

A.

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Related

Venture Bank v. Howard L. Lapides
800 F.3d 442 (Eighth Circuit, 2015)
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380 B.R. 838 (N.D. Alabama, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
81 F. App'x 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rajotte-v-carter-ca6-2003.