Smalis v. City of Pittsburgh School District

556 B.R. 703, 2016 WL 4480079, 2016 U.S. Dist. LEXIS 114135
CourtDistrict Court, W.D. Pennsylvania
DecidedAugust 25, 2016
Docket16cv0693
StatusPublished
Cited by1 cases

This text of 556 B.R. 703 (Smalis v. City of Pittsburgh School District) 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
Smalis v. City of Pittsburgh School District, 556 B.R. 703, 2016 WL 4480079, 2016 U.S. Dist. LEXIS 114135 (W.D. Pa. 2016).

Opinion

ELECTRONICALLY FILED

Arthur J. Schwab, United States District Judge

MEMORANDUM ORDER

Before the Court is an appeal from the United States Bankruptcy Court for the Western District of Pennsylvania filed by pro se Appellant, Ernest Smalis (hereafter, “Smalis”). See Doc. No.l. Smalis, the former spouse of Debtor Despina Smalis (hereafter, “Debtor”), initiated Adversary Action No. 15-2182 against the City of Pittsburgh School District, the Allegheny County Board of Property Assessment Appeals & Review, the City of Pittsburgh Law Department, and the Allegheny County Law Department (collectively, “Appellees”) for recoupment of certain real estate taxes and to redress the alleged violation of his federal due process rights. The Bankruptcy Court dismissed the adversary action on April 25, 2016 for lack of subject matter jurisdiction. Smalis then filed a motion for reconsideration, followed by a motion to strike the April 25 Order of dismissal. The Bankruptcy Court denied these motions on May 11 and May 19, 2016, respectively.

This appeal followed. For the reasons set forth below, this Court will affirm the April 25, May 11, and May 19, 2016 Orders of the Bankruptcy Court.

I. Jurisdiction and Standard of Review

This Court has jurisdiction over the instant 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 also 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.2013); 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).

[707]*707Second, 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 district 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 [bankruptcy] 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 History

Pertinent aspects of the underlying bankruptcy proceedings were aptly summarized as follows by the Bankruptcy Court in its April 25, 2016 Memorandum Opinion:

The above-captioned bankruptcy case was commenced by Despina Smalis on September 2, 2005, by the filing of a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. Within Debtor’s Schedule A, she identified her interest in numerous properties, including 3224 Boulevard of the Allies, Pittsburgh, Pennsylvania (“Boulevard of the Allies Property”) and 4073 Liberty Avenue, Pittsburgh, Pennsylvania (“Liberty Avenue Property”).
On November 23, 2005, the former Chapter 7 Trustee, Stanley G. Makoroff (“Trustee Makoroff’) commenced an adversary proceeding seeking to sell the Boulevard of the Allies Property. See Adv. No. 05-3308. In that proceeding, Mr. Smalis, a co-owner, was named as a defendant. Mr. Smalis filed an answer and actively participated in the proceeding, which ultimately culminated in the sale of the Boulevard of the Allies Property for the amount of $1,350,000. See Adv. No. 05-3308, Doc. No. 19. On August 8, 2006, Trustee Makoroff filed a Report of Sale detailing, inter alia, the disbursements made at settlement for city, school, and county taxes as well as distributions to co-owners. See Adv. No. 05-3308, Doc. No, 23. The adversary proceeding has remained closed since 2006.
On March 6, 2006, an Order was entered granting Debtor a discharge under 11 U.S.C. § 727. On September 25,2006, Trustee Makoroff filed the Trustee’s Final Report and Account of the Administration of the Estate and Final Application for Compensation. See Case No. 05-31587, Doc. No. 92. Therein, Trustee Makoroff designated property to be abandoned pursuant to 11 U.S.C. § 554(c), which included the Liberty Avenue Property. In the Notice of Filing of Final Account of Trustee Scheduling Hearing on Applications for Compensation, and Proposed Final Distribution Combined with Order Fixing Deadline for Filing Objections Thereto, notice was also provided that “[a]ny property not administered by the trustee will be deemed abandoned.” See Case No. 05-31587, Doc. Nos. 97 and 101 (showing service on Mr. Smalis). Thereafter, on November 2, 2006, Trustee Makoroff s proposed distribution was approved by the Court, which resulted in a surplus [708]*708being paid to the Debtor. The bankruptcy case was closed on March 28, 2007.

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Bluebook (online)
556 B.R. 703, 2016 WL 4480079, 2016 U.S. Dist. LEXIS 114135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smalis-v-city-of-pittsburgh-school-district-pawd-2016.