Ravis v. Labriola (In re Investors Security Corp.)

6 B.R. 415, 1980 Bankr. LEXIS 4735
CourtDistrict Court, W.D. Pennsylvania
DecidedJuly 30, 1980
DocketBankruptcy No. 75-1036
StatusPublished
Cited by2 cases

This text of 6 B.R. 415 (Ravis v. Labriola (In re Investors Security Corp.)) is published on Counsel Stack Legal Research, covering District 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
Ravis v. Labriola (In re Investors Security Corp.), 6 B.R. 415, 1980 Bankr. LEXIS 4735 (W.D. Pa. 1980).

Opinion

MEMORANDUM OPINION

GERALD K. GIBSON, Bankruptcy Judge.

The matter presently before the Court is the objection of Leonard and Mary Ann Labriola to the trustee’s determination denying their claim of $100,000.00 in the liquidation of Investors Security Corporation (the Debtor) pursuant to the Securities Investor Protection Act of 1970, 15 U.S.C. § 78aaa et seq. (SIPA). On September 15, 1975, upon application of the Securities Investor Protection Corporation (SIPC), United States District Judge Daniel J. Snyder, Jr., found that the customers of the Debtor were in need of the protection afforded under the SIPA and appointed Thomas P. Ravis, Esq., as trustee for the liquidation of the Debtor. On September 26, 1975, by Order of Judge Snyder, the liquidation proceeding of the Debtor was referred to this Court.

The instant litigation arises out of the trustee’s determination that the petitioners’ recovery was limited to $20,000.00 pursuant to Section 6(f)(1)(A) of the SIPA, 15 U.S.C. § 78fff(f)(l)(A), as their claim was a valid customer claim for a cash net equity of $100,000.00. Claimants assert, however, that they are entitled to a recovery in the full amount of their $100,000.00 claim and request this Court to direct the SIPC to pay them the $80,000.00 balance that is due and owing from Investors Security Corporation.

The trial of this cause was held before the Court. The Court, having heard the evidence and considered the testimony, depositions and briefs filed on behalf of the parties, makes the following Findings of Fact:

Findings of Fact

On November 26, 1975, Leonard Labriola and Mary Ann Labriola filed a customer claim with Trustee Ravis claiming, alternatively, a $100,000.00 cash credit balance or a Pittsburgh National Bank $100,000.00 certificate of deposit. The trustee denied their customer claim on May 20, 1977, and relegated them to the status of general creditor because of a written agreement, dated August 18, 1975, which evinced a contractual, rather than a usual customer, relationship between them and the Debtor. Subsequently, the Trustee reconsidered the Labri-olas’ customer claim after an extensive examination of the books and records of the Debtor. He determined that their claim was a valid customer claim for a cash net equity of $100,000.00, which was the principal proceeds of a $100,000.00 certificate of deposit maturing on July 11,1975. Holding that Section 6(f)(1)(A) of SIPA, 15 U.S.C. § 78fff(f)(l)(A), limited the claimants’ recovery to $20,000.00, the Trustee mailed them a Notice of Trustee’s Determination of Claim on November 13,1978 and a check for $20,000.00. The Labriolas acknowledged receipt of the $20,000.00 check.

The testimony during the course of these proceedings revealed the creation of two separate Labriola accounts with the Debtor: (1) the first, established in January, 1974, which is the individual account of Leonard Labriola; and (2) the second, established in April, 1974, which is the joint account of Leonard Labriola and Mary Ann Labriola. The history of these accounts is as follows.

In January, 1974, Mr. Labriola was approached by John DeLallo, who was a registered representative of Investor Security [417]*417Corporation, regarding a possible investment with the Debtor. DeLallo had been the Labriolas’ close financial advisor and confidant for a number of years. As a result of DeLallo’s advice, Mr. Labriola delivered $50,000.00 in cash to DeLallo for the sole purpose of purchasing a $50,000.00 certificate of deposit.

It was Mr. Labriola’s understanding that DeLallo would take care of the formalities required in opening an account with the Debtor. DeLallo delivered the $50,000.00 to William Brown, President of the Debtor. There is no formal evidence that a certificate of deposit was purchased. Mr. Labrio-la did, however, receive the interest payments of 9Vs% on his $50,000.00 investment from January, 1974 until July, 1975.

In April, 1974, Leonard Labriola and Mary Ann Labriola signed joint customer account cards with the Debtor and opened a joint account. At that time, they delivered $50,000.00 in cash to the Debtor for the sole purpose of purchasing a certificate of deposit. Although they did not disclose to William Brown where they had obtained the $50,000.00, the Labriolas had received $10,000.00 and $5,000.00, respectively, from Fred Parks and Margaret Parks, who are the brother and sister of Mrs. Labriola. Timely interest payments on the joint account were paid to the claimants until July, 1975.

As a result of DeLallo’s advice that a single $100,000.00 certificate of deposit would yield higher interest, the Labriolas made periodic attempts to consolidate their two $50,000.00 investments into one $100,-000.00 certificate of deposit. Despite their requests, Brown never carried out their order, but explained that their two $50,000.00 investments had been consolidated with other customers’ monies to purchase a $300,000.00 certificate of deposit. Since they were receiving interest when due, Mr. and Mrs. Labriola accepted this explanation.

During the spring of 1975, the Labriolas encountered a great deal of difficulty in recovering $40,000.00 which they had given Mr. Brown to hold as an escrow agent in connection with a mortgage that is unrelated to any SIPA claim. This difficulty caused the Labriolas to become concerned about their two $50,000.00 investments with the Debtor. Thus, in July, 1975, the apparent maturity date of the certificates of deposit, the Labriolas demanded the return of their investments totaling $100,000.00. Neither, however, had been returned at the time of filing of the liquidation of the Debt- or.

Pursuant to the advice of DeLallo, Mr. Labriola entered into an agreement with Mr. Brown on August 18, 1975, in order to obtain the $100,000.00 principal of his and his wife’s investments with the Debtor. This agreement does not accurately reflect the relationship between the parties. No sums were ever paid under the agreement.

Discussion

A. Allegations of the Parties

Claimants argue that Leonard Labriola’s individual account and Mr. and Mrs. Labrio-la’s joint account should be treated as accounts belonging to separate customers. They contend that separate customer treatment would entitle each account to the maximum protection available to a customer of the Debtor pursuant to Section 6(f)(1)(A): $50,000.00, if the claim is one for securities, or $20,000.00, if it is one for cash. They rely on the statutory definition of “customer” provided in Section 6(c)(2)(A)(ii), 15 U.S.C. § 78fff(c)(2)(A)(ii), and on the provisions in the SIPA which provide for multiple recoveries, Section 6(f)(1)(B), 15 U.S.C. § 78fff(f)(l)(B) (different customer status recognized in the computation of “net equity”). Claimants support this argument by reference to SIPC’s Series 100 Rules, 3 CCH Fed.Sec.L.Rep. ¶ 26,667, which set forth the circumstances under which accounts that are held by the same individual shall be treated as accounts of “separate customers.”

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Bluebook (online)
6 B.R. 415, 1980 Bankr. LEXIS 4735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ravis-v-labriola-in-re-investors-security-corp-pawd-1980.