Roach v. Skidmore College (In re Dunston)

566 B.R. 624
CourtUnited States Bankruptcy Court, S.D. Georgia
DecidedFebruary 7, 2017
DocketNumber 14-41799-EJC; Adversary Number 15-04048-EJC
StatusPublished
Cited by8 cases

This text of 566 B.R. 624 (Roach v. Skidmore College (In re Dunston)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roach v. Skidmore College (In re Dunston), 566 B.R. 624 (Ga. 2017).

Opinion

AMENDED1 MEMORANDUM OPINION ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT

Edward J. Coleman, III, Judge, United States Bankruptcy Court, Southern District of Georgia

In this adversary proceeding, the Chapter 7 Trustee, Benjamin Roach (the “Trustee”), seeks to avoid and recover, as fraudulent transfers pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, three payments that the Debtor made to Defendant Skid-more College (“Skidmore”). The Debtor made these payments to pay for her daughter’s tuition and other costs of attendance at Skidmore. Central to the Court’s analysis of these transfers is the fact that in 2004 the Debtor established 529 plans for her two children from which to pay such college expenses. Pending before the Court is the Motion for Summary Judgment (the “Motion”) (adv. dckt. 28) filed by Skidmore on July 5, 2016. For the reasons stated in this opinion, the Court will grant Skidmore summary judgment as [627]*627to the July 25, 2013 and December 20, 2013 transfers, but deny summary judgment as to the September 2, 2014 transfer.

I. JURISDICTION

This Court has subject-matter jurisdiction pursuant to 28 U.S.C. § 1334(a), 28 U.S.C. § 157(a), and the Standing Order of Reference signed by then Chief Judge Anthony A. Alaimo on July 13,1984. This is a “core proceeding” within the meaning of 28 U.S.C. § 157(b)(2)(H).

II. UNDISPUTED FACTS

A. Procedural History

The debtor in this case, Dr. Leslie Kyrin Dunston (“Debtor”), is a medical doctor specializing in obstetrics and gynecology, (Adv. Dckt. 29, ¶ 3) From approximately 1997 to 2014, the Debtor was engaged in private practice as the owner of Woman-Care Obstetrics & Gynecology, PC (“Wom-anCare”) and True Balance MD, PC (“True Balance”). Id. at ¶4. On October 28, 2014, the Debtor filed for Chapter 7 bankruptcy relief due to an acute cash-flow shortage that occurred when her medical practices experienced difficulty collecting reimbursements from medical insurance companies for services performed. Id. at ¶ 9.

On October 14, 2015, the Trustee filed this adversary proceeding seeking to avoid three payments made by the Debtor to Skidmore for her daughter’s tuition and other costs of attendance. (Adv. Dckt. 1). In his Complaint, the Trustee alleges that the three transfers to Skidmore are all avoidable and recoverable pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550. Id. On December 17, 2015, Skidmore filed its Answer to the Trustee’s Complaint. (Adv. Dckt. 8). In its Answer, Skidmore admits that it received the three payments at issue via checks purporting to be signed by the Debtor. Id. at ¶ 7. However, Skidmore asserts that the Trustee’s Complaint fails to state a claim because the Trustee cannot meet his burden of proof as to each of the elements of § 548(a)(1). Id.

After the parties exchanged discovery, Skidmore filed the instant Motion on July 5, 2016 seeking summary judgment with respect to each of the payments it received from the Debtor. (Adv. Dckt. 28). In its Motion, Skidmore asserts again that the Trustee has not met his burden of proof on each element of his constructive fraudulent transfer claims. In support of its Motion, Skidmore filed an affidavit of the Debtor (adv. dckt. 29) and attached several documents in support, including the Debtor’s November 12, 2013 personal financial statement, the Debtor’s 2012 federal and state tax returns, the Debtor’s bankruptcy petition, schedules and statement of financial affairs, and the 2012, 2013 and 2014 year-end statements for the Debtor’s 529 plans.

On July 26, 2016, the Trustee filed a Response to Skidmore’s Motion for Summary Judgment (adv. dckt. 33) and attached the Debtor’s 2013 personal financial statement, the Debtor’s 2012 and 2013 federal and state tax returns, the 2016 Chat-ham County Board of Assessors Property Record Card for the Debtor’s real properties, and a portion of the Debtor’s bank statements corresponding to the date of each payment to Skidmore. After a request by Skidmore (adv. dckt. 36), the Court held oral argument on the Motion on September 22, 2016. Upon conclusion of the hearing, the Court took the matter under advisement.

B. The Transfers

In the fall of 2013, the Debtor’s daughter, Chloe Dunston, enrolled at Skidmore College, a small liberal arts college located in Saratoga Springs, New York. To pay for [628]*628Chloe’s tuition and other costs of attendance, the Debtor made the following payments to Skidmore totaling $87,807.00:

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(collectively, the “Transfers”) (Adv. Dckt. 33, Ex. A). All three of these payments were made from the Debtor’s personal checking account, Id. However, as will be addressed below, Skidmore contends that the funds it received from the Debtor were comprised of funds withdrawn from the 529 plans established by the Debtor.

C. The 529 Plans

In 2004, the Debtor established separate qualified tuition savings plans under 26 U.S.C. § 529 (the “529 Plans”) for her two children, Chloe and Julian Dunston2. From 2012 TO 2014, the 529 Plans reflected the following balances:

(Adv. Dckt. 29, Exs. D, E, F).

On December 10, 2013, the Debtor withdrew $19,112.42 from Julian’s 529 Plan4 and $52,036.73 from Chloe’s 529 Plan.5 These funds were deposited into the Debtor’s personal checking account and, according to the Debtor, were used to reimburse herself for the July 25, 2013 Transfer and to fund the December 20, 2013 Transfer. (Adv. Dckt. 29, ¶ 13). How[629]*629ever, the total amount withdrawn on December 10, 2013 ($71,149.15) exceeded the combined total of the July 25, 2013 and December 20, 2013 payments ($57,836.00).

Then, on August 18, 2014, the Debtor withdrew the remaining balance of $27,570.72 from Julian’s 529 Plan6 and deposited the funds into her personal checking account. Id. According to the Debtor, these funds, in addition to a portion of the funds withdrawn on December 10, 2013, were used to fund the September 2, 2014 Transfer of $29,971.00. (Adv. Dckt. 29, ¶ 14).

D. The Debtor’s Financial Situation

In this case, the only evidence of the Debtor’s financial condition at the time of the Transfers consists of:

• The Debtor’s personal financial statement dated November 13, 2013 (Adv. Dckt. 29, Ex. A);
• The Debtor’s 2012 and 2013 federal and state income tax returns (Adv. Dckt. 33, Exs. B and C);

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Cite This Page — Counsel Stack

Bluebook (online)
566 B.R. 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roach-v-skidmore-college-in-re-dunston-gasb-2017.