Steier v. Best

109 F. App'x 1
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 30, 2004
DocketNo. 03-5098
StatusPublished
Cited by68 cases

This text of 109 F. App'x 1 (Steier v. Best) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steier v. Best, 109 F. App'x 1 (6th Cir. 2004).

Opinion

ALDRICH, District Judge.

Plaintiff-appellant Anthony Steier is an unsecured creditor of defendants-appellees Michael Best. M.D., Colleen Best, and Brian Finney. In 1997 Steier purchased 10% of Dr. Best and Finney’s shares in a medical services company. In 1998, as allowed by the purchase agreement, Steier asked Best and Finney to refund his investment. When they failed to do so. Steier sued and won a judgment for breach of contract. The Bests filed for bankruptcy, and [3]*3Steier initiated an adversary proceeding to declare their judgment debt nondischargeable under 11 U.S.C. §§ 523(a)(6) and 523(a)(2)(B). The bankruptcy court granted summary judgment to the Bests, holding that their judgment debt is dischargeable, and the district court affirmed. For the reasons that follow, we affirm.

I. BACKGROUND

Steier owned a construction business and Best was an orthopedic surgeon. In 1996 Best founded Impairment Analysis Centers. Inc. (“IAC”) with Finney. IAC’s business was to perform disability exams for worker’s compensation claimants. Best and Finney each owned 500 shares in IAC. In September 1997 Best gave Steier IAC’s business plan, a gross revenue projection, and a financial statement. On November 10, 1997 Steier executed an agreement whereby he paid Best and Finney $300,000 and each gave him fifty shares of IAC stock. Steier would receive fifty more shares in May 1998 upon payment of $450,000, reduced to $300.000 if he found other investors. If Steier failed to do so, he would return his shares and Finney and Best would repay his $300.000.

In the next few months. Best/IAC provided Steier with a balance sheet he did not understand, failed to return his calls, and failed to provide electronic access to IAC data, and IAC’s Canadian office failed. In April 1998 Steier got “cold feet” and demanded that Best and Finney repay his $300,000; they assured him they would do so. In May 1998 Finney wrote to Steier, in part:

Since Mr. Steier elected not to fulfill the remainder of the financial terms of the original contract, we have been somewhat slowed in our growth expectations. Although we have experienced a steady increase in expansion and stability, we are utilizing resources generated solely from our receivables. Again, we certainly respect Tony’s decision. However, it is somewhat infeasible for the terms of reimbursement to commence at this time.
Please convey to Tony that we are presently considering various business options that would include your clients’ [sic] reimbursement in full and in the interim we would entertain any/all finance charges that Tony may be experiencing at present.

But Best and Finney paid Steier nothing in the months following the letter, so Steier sued for breach of contract. In September 1998 he won a judgment for $300.000 plus interest.

Meanwhile, in 1998 Best was diagnosed with a vision disorder that rendered him unable to perform surgery, and in March 1999 he closed his practice. In October 2000 the Bests filed for Chapter 7 bankruptcy. In January 2001 Steier filed an adversary proceeding, seeking a declaration that the Bests’ judgment debt is nondischargeable. Section 523(a)(6) provides that the Code will not discharge a debt “for willful and malicious injury ... to another entity or to the property of another entity.” Steier alleges that the Bests maliciously concealed and lied about their assets to prevent him from collecting on the judgment. Section 523(a)(2)(B) provides that a debt is nondischargeable if the creditor extended credit in reasonable reliance on a materially false written statement that the debtor made with the intent to deceive. Best provided Steier with an IAC financial statement listing no liabilities, when Best allegedly knew that IAC owed back salaries that exceeded its assets.

The Bankruptcy Court granted summary judgment to the Bests, and Steier appealed. The district court found that even if the Bests committed willful, malicious conduct towards Steier, such conduct [4]*4wás not the cause of their debt. Therefore, § 523(a)(6) did not block discharge. The district court also held that § 523(a)(2)(B) did not apply, because Steier did not rely on the financial statement when deciding to invest. Accordingly, the district court affirmed, and Steier appealed.

II. STANDARD OF REVIEW

In reviewing a district court’s decision on a bankruptcy matter, we accord “discretion only to the original bankruptcy findings, not those [of] the District Court,” because we are “in as good a position to review the Bankruptcy Court’s decision as is the District Court.” In re Kidd, 315 F.3d 671, 674 (6th Cir.2003) (citations omitted). We subject the bankruptcy court’s factual findings to clear error review. See id. at 674 (citation omitted). A finding of fact is clearly erroneous when “although there is evidence to support the finding, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” In re Scott, 188 F.3d 509, 1999 WL 644380, at *1 (6th Cir. Aug.13, 1999) (quoting Anderson v. City of Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (citations omitted)). We review the bankruptcy court’s legal conclusions de novo. See In re Federated Dep’t Stores, 270 F.3d 994, 1000 (6th Cir.2001). Mixed questions of law and fact are also reviewed de novo. See In re Kisseberth, 273 F.3d 714, 719 (6th Cir.2001), clarified o.g., 24 Fed. Appx. 539, 2002 WL 59617 (6th Cir. Jan.15, 2002).

III. ANALYSIS

A. Section 523(a)(6): Debt Not Dis-chargeable If Caused By Willful and Malicious Injury

1. Legal Standard

“The Bankruptcy Code has long prohibited debtors from discharging liabilities incurred on account of their fraud, embodying a basic policy animating the Code of affording relief only to an ‘honest but unfortunate debtor.’ ” In re Francis, 226 B.R. 385, 391 (B.A.P. 6th Cir.1998) (citation omitted). In this spirit, section 523(a) provides that debts arising from certain debtor misconduct are not dischargeable. The creditor must prove, by a preponderance of the evidence, that the debt should be excepted from discharge. See In re Hindenlang, 164 F.3d 1029, 1034 (6th Cir.) (citations omitted), cert. denied, 528 U.S. 810, 120 S.Ct. 41, 145 L.Ed.2d 37 (1999); Mead v. Helm, 1989 WL 292, at *4 (6th Cir. Jan.4, 1989) (per curiam) (citing FED. R. BANKR. P. 4005). Exceptions to discharge are strictly construed against creditors. See In Re Rembert, 141 F.3d 277, 281 (6th Cir.), cert. denied sub nom. AT&T Universal Card Servs. v. Rembert, 525 U.S. 978, 119 S.Ct. 438, 142 L.Ed.2d 357 (1998). Subsection 523(a)(6) provides:

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Bluebook (online)
109 F. App'x 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steier-v-best-ca6-2004.