United States v. Chris-Marine, U.S.A., Inc. (In re Chris-Marine, U.S.A., Inc.)

321 B.R. 63, 95 A.F.T.R.2d (RIA) 421, 2004 U.S. Dist. LEXIS 26848
CourtDistrict Court, M.D. Florida
DecidedDecember 8, 2004
DocketBankruptcy No. 00-4010-3F1; No. 3:01-cv-714-J-21
StatusPublished
Cited by2 cases

This text of 321 B.R. 63 (United States v. Chris-Marine, U.S.A., Inc. (In re Chris-Marine, U.S.A., Inc.)) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Chris-Marine, U.S.A., Inc. (In re Chris-Marine, U.S.A., Inc.), 321 B.R. 63, 95 A.F.T.R.2d (RIA) 421, 2004 U.S. Dist. LEXIS 26848 (M.D. Fla. 2004).

Opinion

ORDER

JOHN J. MOORE, II, District Judge.

This appeal arises from the Bankruptcy Court’s entry of an order (Bankruptcy Dkt. 116), pursuant to its finding of facts and conclusions of law, denying the United States’ Motion for Allowance of Administrative Expenses, filed on May 7, 2001. Appellant United States of America (“United States”) filed its initial brief (Dkt. 3) on July 9, 2001, seeking reversal of the Bankruptcy Court’s holding and the entry [64]*64of an order allowing the administrative expenses as filed by the United States. The Appellee, Chris-Marine, U.S.A., Inc. (“Chris-Marine”) filed a Response Brief (Dkt. 4) on July 24, 2001.

I.Background

Chris-Marine voluntarily filed its petition under Chapter 11 of the Bankruptcy Code on May 23, 2000. On November 17, 2000, the United States filed a Motion for Allowance of Administrative Expenses, arguing that a $2,500 per diem fine, approved by this Court against Chris-Marine on March 19, 1999 and continuing to accrue after the Chapter 11 petition, should be treated as an administrative expense pursuant to 11 U.S.C. § 503(b). This continuing coercive fine against Chris-Marine was assessed by this Court in Chris-Marine U.S.A., Inc. v. United States of America, Case No. 3:93-cv-1626-J-21, for Chris-Marine’s continued contempt for failure to produce documents sought by the Internal Revenue Service pursuant to its Formal Document Requests (“FDRs”) made as part of a tax investigation into corporate income tax liability.

At an April 19, 2001 hearing on the United States’ Motion for Allowance of Administrative Expenses, the United States claimed that the amount of the per diem fine accruing post-petition should be treated as an administrative expense under Section 503(b) because otherwise, Chris-Marine would be flouting this Court’s contempt orders by filing a bankruptcy petition. Chris-Marine argued that the per diem fine should not be treated as an administrative expense because it does not fall within any of the specific categories of administrative expenses set forth in Section 503(b). In its May 7, 2001 order, the Bankruptcy Court agreed with Chris-Marine, holding that the per diem fine accruing post-petition should not be treated as an administrative expense pursuant to Section 503(b).

In so holding, the Bankruptcy Court reasoned that the per diem fine accruing after the Chapter 11 petition “did not fit the small, novel category of ‘regulatory administrative expenses’ created by [Alabama Surface Mining Commission v. N.P. Mining Co., Inc., 963 F.2d 1449, 1455 (11th Cir.1992)].” The court further held that “[t]he per diem fine stems from a prepetition discovery violation, not from postpetition noncompliance with some regulation of the diesel engine mechanic-referral and parts-repair industries,” and, because such discovery fines do not normally arise during the ordinary management or operation of a business like Chris-Marine, they cannot be considered “typical, necessary costs of continuing operations in compliance with state law such that the Court should deplete the estate for their full satisfaction.” In re Chris-Marine, U.S.A., Inc., 262 B.R. 126, 130 (Bankr.M.D.Fla.2001). The United States filed its notice of appeal to this Court on May 16, 2001.

II. Appellant’s issue raised on appeal

Whether the Bankruptcy Court erred in determining that the coercive sanctions imposed by this Court are not entitled to administrative expense treatment under 11 U.S.C. § 503(b).

III. Standard of Review

Because the district court sits in an appellate capacity when reviewing the determination of a bankruptcy court, the district court applies the same standards as do appellate courts when reviewing other cases. See Deramus v. Bank of Prattville, 180 B.R. 665, 667 (M.D.Ala.1995). A bankruptcy court’s conclusions of law are therefore reviewed de novo, requiring the district court to independently examine the law and to draw its own conclusions after [65]*65applying the law to the facts, without regard for the decision of bankruptcy court. See, e.g., Nordberg v. Arab Banking Corp., 904 F.2d 588, 593 (11th Cir.1990); Reliance Ins. Co. v. Enstar Group, Inc., 192 B.R. 579, 580, n. 3 (M.D.Ala.1996). However, a bankruptcy court’s findings of fact are reviewed under a “clearly erroneous” standard. See Nordberg, 904 F.2d at 593.

IV. Discussion

The United States argues that its claim for post-petition coercive sanctions must be allowed as an administrative expense of the debtor’s estate because otherwise, to allow a debtor to voluntarily and unilaterally terminate a coercive fine, the Court would be allowing a contemptuous party to avoid the directives of a court of competent jurisdiction simply by seeking the protection of the Bankruptcy Court. Such a result violates the “integrity of the judicial system,” and therefore the United States claims that this Court has discretion to allow the per diem fine to be treated as an administrative expense of the bankruptcy estate.

The United States argues that Section 503(b) is a non-exhaustive list of administrative expenses that can be allowed, as recognized by the Eleventh Circuit in N.P. Mining Co. In that case, the United States asserts that the Eleventh Circuit refused to construe Section 503(b) narrowly, stating that expenses not expressly listed in the statute can receive administrative expense status if they are actual and necessary expenses to preserve the estate, or if “other policy considerations” dictate that they should be treated as administrative expenses, even if there is no measurable benefit to the estate. See N.P. Mining, 963 F.2d at 1452-54. Such “other policy considerations” include expenses arising from post-petition tortious and wrongful conduct of a debtor, expenses involved in environmental cleanup, or civil penalties incurred as a result of the debtor’s failure to comply with state law. See id.; In re Growth Development Corp., 168 B.R. 1009, 1020 (Bankr.M.D.Ga.1994). The United States contends that the Bankruptcy Court’s ruling in this case that the coercive per diem fine did not fit the “small, novel category of ‘regulatory administrative expenses’ ” set forth in N.P. Mining was far too narrow a reading of that case and therefore must be reversed.

According to the United States, courts within the Eleventh Circuit have interpreted the reading given Section 503(b) in N.P. Mining to be much broader than the Bankruptcy Court in this case. The United States argues that expenses can be considered administrative even if they are not necessary for the preservation of the estate, as long as “compliance with federal law and the viability of the bankruptcy process mandate[s] that such expenses be treated as administrative expenses.” See, e.g., In re Younger, 163 B.R. 609, 612 (Bankr.S.D.Ga.1993).

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321 B.R. 63, 95 A.F.T.R.2d (RIA) 421, 2004 U.S. Dist. LEXIS 26848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-chris-marine-usa-inc-in-re-chris-marine-usa-flmd-2004.