Richardson v. Flaugher (In re Flaugher)

525 B.R. 67
CourtUnited States Bankruptcy Court, C.D. Illinois
DecidedFebruary 2, 2015
DocketCase No. 12-70904; Adversary No. 14-7006
StatusPublished
Cited by2 cases

This text of 525 B.R. 67 (Richardson v. Flaugher (In re Flaugher)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richardson v. Flaugher (In re Flaugher), 525 B.R. 67 (Ill. 2015).

Opinion

OPINION

Mary P. Gorman, United States Chief Bankruptcy Judge

This matter is before the Court for decision after trial of a complaint by the Chapter 7 Trustee, Jeffrey D. Richardson, to revoke the discharge of the Debtor, James C. Flaugher. The Trustee alleges that the Debtor received proceeds from an EEOC action in the amount of $150,000, failed to report receipt of the proceeds to the Trustee, and spent almost all of the money before the Trustee learned it had been received. The Debtor contends that, because he expected only a modest amount of claims to be filed in his case, he was free to spend most or all of the proceeds, even before the claims bar date had run. For the reasons set forth below, the Debtor’s discharge will be revoked.

I. Factual and Procedural History

The facts of this case are largely undisputed. The Trustee requested the Debtor to admit facts prior to the trial, and the Debtor did so.

James C. Flaugher (“Debtor”) filed his voluntary petition under Chapter 7 on April 17, 2012. Jeffrey D. Richardson was appointed Chapter 7 Trustee (“Trustee”).

On his Schedule B filed contemporaneously with his petition, the Debtor disclosed an interest in a “Discrimination Lawsuit/Bodine” with a value of “0.00.” At the Debtor’s first meeting of creditors in May 2012, the Debtor confirmed that he had a case pending before the U.S. Equal Employment Opportunity Commission (“EEOC”) against his former employer, Bodine Services of Decatur. A transcript of the meeting discloses that the Trustee advised the Debtor that the EEOC action was an asset of the bankruptcy estate and that the Debtor needed to “check yery closely” with his attorney before doing anything with .any proceeds received from the EEOC action.

The docket discloses that, in June 2012, the Trustee filed a motion seeking to compel the Debtor to turn over information regarding his pending EEOC case. The Trustee complained in his motion that the Debtor had failed to provide documents regarding the case that he had been instructed to provide at the creditors meeting. The Trustee withdrew his motion after the Debtor delivered the information. In November 2012, the Trustee requested that the Debtor be required to appear for an examination under Rule 2004. Fed. R. Bankr. P. 2004. The Trustee alleged that promises by the Debtor and his attorney to provide documentation regarding the EEOC case had gone unfulfilled. The Debtor was ordered to appear for the examination.

In October 2013, at the request of the Trustee, the Debtor and his attorney met with the Trustee and informed him that the Debtor had been awarded $150,000 in the EEOC action but had not yet received any funds. The Trustee directed the Debtor to keep him informed as to the progress of the matter.

[70]*70On or about November 22, 2013, the Debtor received a check in the amount of $150,000 from Bodine Services. The Debt- or cashed the check on November 26, 2013, without the permission or knowledge of the Trustee. At no time after his receipt of the check did the Debtor voluntarily inform the Trustee or his own attorney that he had received and cashed the check.

On February 3, 2014, the Trustee contacted Bodine Services to inquire as to the status of payment of the Debtor’s claim. Bodine Services provided the Trustee with a copy of the cancelled check for $150,000 showing that the Debtor had received the payment several months earlier. The Trustee immediately advised the Debtor’s attorney that the funds were to be turned over to him. Shortly thereafter, the Trustee received a check for $15,000 from the Debtor. The Debtor admits that most of the funds had been spent before the Trustee learned that the payment had been received. Over $80,000 of the money was spent within a week of when the check was received.

Because the Debtor had already received his discharge, the Trustee filed a complaint to revoke that discharge based on the Debtor’s failure to turn over the EEOC proceeds: The Debtor answered the complaint admitting all relevant facts. He also affirmatively asserted that he understood from his meeting with the Trustee a month or so before he received the check that he would only have to pay the Trustee the amount necessary to pay claims and was otherwise free to spend whatever he received. He claimed that, because the $15,000 he paid the Trustee was enough to pay all claims on file and the costs of administration, no one was harmed by his failure to timely disclose and turn over the funds.

The Debtor was the only witness called at the trial on the Trustee’s complaint. The Debtor admitted that he never told either his own attorney or the Trustee that the check had been received. He also admitted that, although he knew a claims bar date had been set, he never checked the amount of claims which had been filed before spending most of the proceeds. He acknowledged that, at the time he filed this case, he owed priority debts to the Internal Revenue Service (“IRS”) in the amount of $62,000 and to his ex-wife for child support in the amount of approximately $50,000, and owed about $50,000 in unsecured debt. Although the Debtor borrowed funds from his mother-in-law to pay at least part of the child support he owed, the IRS debt remains unpaid, as does all of his unsecured debt. The Debt- or said that, despite knowing that the claims bar date would not run until the end of January 2014, he spent most of the funds before then. He asserted that, if more claims had been filed, he could have mortgaged his home and borrowed funds to deliver to the Trustee to pay those claims.

Both parties submitted argument at the close of the trial. The matter is ready for decision.

II. Jurisdiction

This Court has jurisdiction over the issues before it pursuant to 28 U.S.C. § 1334. Determining a debtor’s entitlement to a discharge is a core proceeding. See 28 U.S.C. § 157(b)(2)(J).

III. Legal Analysis

The prerequisites for revocation of a debtor’s discharge are set forth in 11 U.S.C. § 727(d)(2), which provides, in pertinent part, as follows:

(d) On request of the trustee, a creditor, or the United States trustee, and after notice and a hearing, the court shall revoke a discharge granted under subsection (a) of this section if—
[71]*71(2)the debtor acquired property that is property of the estate, or became entitled to acquire property that would be property of the estate, and knowingly and- fraudulently failed to report the acquisition of or entitlement to such property, or to deliver or surrender such property to the trustee!.]

11 U.S.C. § 727(d)(2).

“The Bankruptcy Code places strict limits on a court’s authority to revoke a discharge.” Disch v. Rasmussen, 417 F.3d 769, 777 (7th Cir.2005).

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Bluebook (online)
525 B.R. 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-flaugher-in-re-flaugher-ilcb-2015.