Sill v. Sweeney (In Re Sweeney)

2002 FED App. 0004P, 276 B.R. 186, 2002 Bankr. LEXIS 358, 39 Bankr. Ct. Dec. (CRR) 128, 2002 WL 628641
CourtBankruptcy Appellate Panel of the Sixth Circuit
DecidedApril 22, 2002
Docket01-8030
StatusPublished
Cited by72 cases

This text of 2002 FED App. 0004P (Sill v. Sweeney (In Re Sweeney)) is published on Counsel Stack Legal Research, covering Bankruptcy Appellate Panel of the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sill v. Sweeney (In Re Sweeney), 2002 FED App. 0004P, 276 B.R. 186, 2002 Bankr. LEXIS 358, 39 Bankr. Ct. Dec. (CRR) 128, 2002 WL 628641 (bap6 2002).

Opinions

OPINION

COOK, Bankruptcy Judge.

This case is before the Panel on appeal from a decision of the bankruptcy court granting summary judgment to the Plaintiffs in their adversary action to determine the dischargeability of a debt under 11 U.S.C. § 523(a)(2). For the reasons that follow we REVERSE and REMAND the case for further proceedings.

I.ISSUES ON APPEAL

There are three legal issues raised by the parties in this case:

(1) Did the Debtor have a full and fair opportunity to litigate the claims against him in the state court action?
(2) Was the claim of fraud against the Debtor actually and directly litigated in the state court?
(3) Does the Rooker-Feldman doctrine apply such that the discharging of the debt in question would amount to a review and overruling of the state court’s decision?

II.JURISDICTION AND SCOPE OF REVIEW

We have jurisdiction over appeals from the final orders of the bankruptcy court pursuant to 28 U.S.C. § 158(a)(1) and the consent of the Northern District of Ohio.

A grant of summary judgment is reviewed de novo. Investors Credit Corp. v. Batie (In re Batie), 995 F.2d 85, 88-89 (6th Cir.1993); Myers v. IRS (In re Myers), 216 B.R. 402 (6th Cir. BAP 1998), aff'd, 196 F.3d 622 (6th Cir.1999). AH of the issues in this case are legal issues, and we review them de novo for that reason as well. Corzin v. Fordu (In re Fordu), 209 B.R. 854, 857 (6th Cir. BAP 1997), aff'd, 201 F.3d 693 (6th Cir.1999).

III.FACTS

This is an appeal by the Defendant Debtor, Mark Sweeney, from an order of the bankruptcy court granting summary judgment in favor of Plaintiffs Craig and Lisa Sill. Plaintiffs brought an adversary action under 11 U.S.C. § 523(a)(2)(A) against the Debtor alleging the nondis-chargeability of a judgment debt owed them as a result of a lawsuit they had brought in the courts of Ohio. The bankruptcy court, applying principles of collateral estoppel and the Rooker-Feldman doctrine, granted summary judgment in favor of the Plaintiffs.

The state court litigation had its origins in a contract for the construction of a home which called for the Debtor to sell the Plaintiffs a lot and build a house on it. Plaintiffs contended that the Debtor represented to them that the lot they were buying would eventually find itself in a subdivision congenial to the rearing of children. In the event, according to Plaintiffs’ allegations, no subdivision accompanied the construction of their home, they were thus without suitable neighbors, and numerous major construction defects diminished further the value of their investment.

Service of process was by certified mail at one of the Debtor’s business addresses, and the return receipt was signed by an employee of the business, but the Debtor did not answer the Plaintiffs’ lawsuit in the Ohio courts, and in due course the Plaintiffs took a default judgment against him. At a hearing on the default judgment, the Plaintiffs presented three witnesses, including an architect, to establish the construction deficiencies in their home. The Plaintiffs also testified that the Debt- or had misled them into believing that [189]*189their home would eventually find itself within a subdivision. At the close of the hearing, which is transcribed and occupies 57 pages of transcript, the Ohio court awarded Plaintiffs a judgment against the Debtor and two codefendants, jointly and severally, and against the Debtor, individually, in the sum of $197,000, $100,000 of which was for punitive damages flowing from the matters alleged in count 2 of their complaint, the fraud count. The court did not actually make a finding of fraud, but in a preamble to its announcement of the damages awarded it stated: “Based upon the evidence, the court is satisfied that judgment should be rendered in favor of the plaintiffs.... ” It then simply listed the damages count by count of the complaint without reciting any findings of fact or conclusions of law.

Thereafter, the Debtor sought relief in bankruptcy court under Chapter 13 of the Bankruptcy Code and later converted his ease to a case under Chapter 7. Following conversion of the case, the Plaintiffs duly filed their complaint objecting to dis-chargeability of their claim. The Plaintiffs then moved for summary judgment, offering the Ohio default judgment for its collateral estoppel (issue preclusive) effect and arguing that the Ohio courts had already determined that the Debtor was guilty of such fraud as would bar the discharge of their debt. The bankruptcy court gave the judgment full collateral es-toppel effect, finding that the service of process by certified mail gave the Debtor a full and fair opportunity to litigate his case in state court and that the Plaintiffs had submitted to the state court admissible evidence from which it had made findings of fact and conclusions of law sufficiently detailed to support the application of collateral estoppel. It also held that the Rooker-Feldman doctrine, which generally prohibits lower federal courts from reviewing the decisions of state courts, applied in this case and prohibited the bankruptcy court from “setting aside the state court judgment.” After thus applying both the collateral estoppel and Rooker-Feldman doctrines, the bankruptcy court granted Plaintiffs’ motion for summary judgment and denied the Debtor a discharge with respect to the Plaintiffs’ claim for $25,000 in compensatory and $100,000 in punitive damages. The Debtor timely appeals.

IV. DISCUSSION

(A) Fair Opportunity to Litigate

The Debtor first argues that the bankruptcy court erred in giving the state judgment preclusive effect, contending that the Debtor did not have a full and fair opportunity to litigate in the state court because he was completely ignorant of the litigation. The full faith and credit principles of 28 U.S.C. § 1738 require us to look to state law to determine whether the Ohio courts would give preclusive effect to the judgment in question, Markowitz v. Campbell (In re Markowitz), 190 F.3d 455, 461 (6th Cir.1999), and in so doing, we find that there are four prerequisites to the application of collateral estoppel under Ohio law:

1) A final judgment on the merits in the previous case after a full and fair opportunity to litigate the issue; 2) The issue must have been actually and directly litigated in the prior suit and must have been necessary to the final judgment; 3) The issue in the present suit must have been identical to the issue in the prior suit; 4) The party against whom estop-pel is sought was a party or in privity with the party to the prior action.

Gonzalez v. Moffitt (In re Moffitt), 252 B.R.

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2002 FED App. 0004P, 276 B.R. 186, 2002 Bankr. LEXIS 358, 39 Bankr. Ct. Dec. (CRR) 128, 2002 WL 628641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sill-v-sweeney-in-re-sweeney-bap6-2002.