Shovlin v. Klaas

555 B.R. 500, 2016 WL 4063210, 2016 U.S. Dist. LEXIS 99617
CourtDistrict Court, W.D. Pennsylvania
DecidedJuly 29, 2016
Docket16cv0467
StatusPublished
Cited by5 cases

This text of 555 B.R. 500 (Shovlin v. Klaas) 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
Shovlin v. Klaas, 555 B.R. 500, 2016 WL 4063210, 2016 U.S. Dist. LEXIS 99617 (W.D. Pa. 2016).

Opinion

MEMORANDUM ORDER

Arthur J. Schwab, United States District Court Judge

Before the Court is an appeal from an order of the United States Bankruptcy Court of the Western District of Pennsylvania. This appeal has been filed by Elizabeth Shovlin (“Shovlin”), a creditor in the bankruptcy who disagrees with a March 1, 2016 Bankruptcy Court Order in Adversary Proceeding no. 15-02087-GLT. The Bankruptcy Court granted summary judgment in favor of Debtors Paul E. Klaas and Beth Ann Klaas (“the Debtors”) on Shovlin’s claims seeking to deny Debtors a discharge in the underlying bankruptcy matter. For the reasons that follow, this Court will affirm the March 1, 2016 Order of the Bankruptcy Court.

I. Jurisdiction and Standard of Review

This Court has jurisdiction over this appeal pursuant to 28 U.S.C. § 158(a). A district court sits as an appellate court in bankruptcy proceedings. In re Michael, 699 F.3d 305, 308 n. 2 (3d Cir.2012); see [503]*503also In re Professional Management, 285 F.3d 268 (3d Cir.2002) (a district court’s jurisdiction is proper as an appeal of the final order of the bankruptcy court under 28 U.S.C. § 158(a)).

On appeal from a final order entered by a bankruptcy court the district court applies the following standards of review:

First, the court reviews a bankruptcy court’s findings of fact under a “clearly erroneous” standard. See Am. Flint Glass Workers Union v. Anchor Resolution Corp., 197 F.3d 76, 80 (3d Cir.1999). A factual finding is “clearly erroneous” if the reviewing court is “left with a definite and firm conviction that a mistake has been committed.” In re W.R. Grace & Co., 729 F.3d 311, 319, n. 14 (3d Cir.2011); see also Gordon v. Lewistown Hosp., 423 F.3d 184, 201 (3d Cir.2005). Under this standard, the reviewing court must “accept ultimate factual determinations of the fact-finder unless that determination is either (1) completely devoid of minimum evidentiary support displaying some hue of credibility or (2) bears no rational relationship to the supportive evidentiary data.” DiFederico v. Rolm Co., 201 F.3d 200, 208 (3d Cir.2000) (internal quotations and citations omitted).

Second, the court exercises plenary, or de novo, review over any legal conclusions reached by the bankruptcy court. In re Ruitenberg, 745 F.3d 647, 650 (3d Cir.2014); see also Am. Flint Glass Workers, 197 F.3d at 80.

Third, if a bankruptcy court’s decision is a mixed question of law and fact, the court must break down the determination and apply the appropriate standard of review to each. In re Montgomery Ward Holding Corp., 326 F.3d 383, 387 (3d Cir.2003). The court should “apply a clearly erroneous standard to integral facts, but exercise plenary review of the court’s interpretation and application of those facts to legal precepts.” In re Nortel Networks, Inc., 669 F.3d 128, 137 (3d Cir.2011) (citation omitted).

Fourth, a bankruptcy court’s exercise of discretion is reviewed for abuse. In re Friedman’s Inc., 738 F.3d 547, 552 (3d Cir.2013). A bankruptcy court abuses its discretion when its ruling rests upon an error of law or a misapplication of law to the facts. In re O’Brien Environmental Energy, Inc., 188 F.3d 116, 122 (3d Cir.1999).

II. Factual and Procedural Background

On December 31, 2009, Debtors filed a voluntary petition for relief under Chapter 13 of Title 11 of the United States Code, 11 U.S.C. § 101 et seq. (“Bankruptcy Code”) at Bankruptcy case no. 09-29574-GLT. Bankruptcy Docket (“Bkrptcy. Dkt.”) at doc. no. 1. As a result of an increase in the monthly mortgage payment due, on January 23, 2011, Debtors filed an amended Chapter 13 Plan (“the Plan”) on January 23, 2011. Bkrptcy. Dkt. at doc. nos. 99, 102. The Bankruptcy Court confirmed the Plan by way of an order dated March 14, 2011. Bkrptcy. Dkt. at doc. no. 106. By that same March 14, 2011 Order, the Bankruptcy Court directed creditors to file any objections to plan confirmation within 28 days, noting that a failure to file a timely objection would be “deemed a waiver of all objections and an acceptance of the provisions of this confirmed Plan.” Id. at p. 2. No objections to the confirmation order were filed.

The term of the Debtors’ Plan was sixty (60) months. Adversary Proceeding No. 15-02087-GLT Docket (“Adv. Dkt.”) at doc. no. 26 (referred to herein as “Joint Statement of Facts”) ¶ 15. The Plan required Debtors to make 60 monthly payments with the amount of the monthly [504]*504payment changing to $3,017.00 per month effective February 2011 and beginning with Plan month number 14. Bkrptcy. Dkt. at doc. no. 102. The Plan provided for payment of Debtors’ secured claims, the cure and reinstatement of their mortgage loans, and a projected dividend to the unsecured creditors, including Shovlin. Id. The Plan also indicated a fee of 2.8% for the Standing Chapter 13 Trustee (“Trustee”). Id. Undep the Plan as confirmed on March 14, 2011, Debtors were to make plan payments consisting of 13 monthly plan payments of $2,485.00 each on or before February 1, 2011 and 47 monthly plan payments of $3,017.00 each on or before January 13, 2015. Bkrptcy. Dkt. at doc. no. 102. As stipulated by the parties in the adversary action, and according to the Trustee’s receipt and disbursement history, Debtors made 13 plan payments of $2,485.00 on or before February 1, 2011 and made 47 plan payments of $3017.00 on or before January 13, 2015, with payments totaling $174,104.00 on or before January 13, 2015. Joint Statement of Facts ¶9. Thus, the 60 monthly payments required by the Plan were made by January 13, 2015, which is within the Plan’s 60 month period. Debtors made two additional payments after January 13, 2015, totaling $2,665.00, making one payment of $1,123.00, on March 16, 2015, Joint Statement of Facts ¶9, in order to cure a shortfall in plan funding based on the Trustee’s indication of a projected shortfall, Bkrptcy. Dkt. at doc. no. 137 ¶¶ 3, 5, 6, and an additional payment of 1,542.00, on March 23, 2015, for legal fees to Debtors’ counsel in accordance with the Bankruptcy Court’s March 16, 2015 Order approving same. Joint Statement of Facts ¶ 9; Bkrptcy. Dkt. at doc. no. 144. The Debtors’ plan payments totaled $176,769.00 on or before March 23, 2015. Joint Statement of Facts ¶ 9.

Although the Plan had accounted for a Trustee’s fee of 2.8%, Bkrptcy. Dkt. at doc. no.

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Bluebook (online)
555 B.R. 500, 2016 WL 4063210, 2016 U.S. Dist. LEXIS 99617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shovlin-v-klaas-pawd-2016.