USAA Fed. Sav. Bank v. Hope

589 B.R. 914
CourtDistrict Court, M.D. Georgia
DecidedJuly 6, 2018
DocketCIVIL ACTION NO. 5:17-CV-352 (MTT)
StatusPublished

This text of 589 B.R. 914 (USAA Fed. Sav. Bank v. Hope) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
USAA Fed. Sav. Bank v. Hope, 589 B.R. 914 (M.D. Ga. 2018).

Opinion

MARC T. TREADWELL, UNITED STATES DISTRICT JUDGE

In this appeal from the United States Bankruptcy Court for the Middle District of Georgia, USAA Federal Savings Bank contends the Bankruptcy Court, Judge Austin E. Carter presiding, erroneously granted summary judgment to the Trustee1 in an adversary proceeding to *917avoid a transfer, specifically a security deed, in favor of Appellant USAA Federal Savings Bank. For the following reasons, the Bankruptcy Court's decision is AFFIRMED .

I. STANDARD OF REVIEW2

The Court has jurisdiction to hear this appeal pursuant to 28 U.S.C. § 158(a). In reviewing the decision of a bankruptcy court, a district court functions as an appellate court. Williams v. EMC Mortg. Corp. (In re Williams) , 216 F.3d 1295, 1296 (11th Cir. 2000) (per curiam). Here, the Bankruptcy Court made no findings of fact, nor could it on a summary judgment motion, and the Bankruptcy Court's grant of summary judgment, including its interpretation and application of the Bankruptcy Code, is reviewed de novo. See In re Optical Technologies, Inc. , 246 F.3d 1332, 1335 (11th Cir. 2001) ; Nordberg v. Arab Banking Corp. (In re Chase & Sanborn Corp.) , 904 F.2d 588, 593 (11th Cir. 1990). This Court, therefore, owes no deference to the Bankruptcy Court's interpretation of the law or its application of the law to the facts. Goerg v. Parungao (In re Goerg) , 930 F.2d 1563, 1566 (11th Cir. 1991).

A movant is entitled to summary judgment upon showing "that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a).3 When the movant bears the burden of proof at trial, it must show there is no genuine dispute that it has met the elements of the claim or defense. See United States v. Four Parcels of Real Prop. , 941 F.2d 1428, 1438 (11th Cir. 1991). The non-movant may defeat a properly supported motion by producing "significant, probative evidence demonstrating the existence of a triable issue of fact." Id. (quoting Chanel, Inc. v. Italian Activewear of Fla., Inc. , 931 F.2d 1472, 1477 (11th Cir. 1991) ). In other words, by proving that there is indeed a genuine dispute regarding a material fact. See id.

"A factual dispute is genuine only if 'a reasonable jury could return a verdict for the nonmoving party.' " Info. Sys. & Networks Corp. v. City of Atlanta , 281 F.3d 1220, 1224 (11th Cir. 2002) (quotation marks omitted). Therefore, when deciding if summary judgment is appropriate, the court must not "weigh the evidence and determine the truth of the matter" on its own but should determine only whether a reasonable jury could find in favor of the non-movant. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 255, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ("[C]redibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge."). In doing so, the court should draw all justifiable inferences, and resolve any reasonable doubts concerning the facts, in favor of the non-movant. Id. at 255, 106 S.Ct. 2505 ; Info. Sys. & Networks Corp. , 281 F.3d at 1224. If, after reviewing the entirety of the record in the light most favorable to the [non-movant], the court determines a reasonable jury could not find in favor of the non-movant, then summary judgment is appropriate. Strickland v. Norfolk S. Ry. Co. , 692 F.3d 1151, 1154 (11th Cir. 2012) ("[T]he District Court [must] consider all evidence in the record *918when reviewing a motion for summary judgment-pleadings, depositions, interrogatories, affidavits, etc.-and can only grant summary judgment if everything in the record demonstrates that no genuine issue of material fact exists.") (quoting Tippens v. Celotex Corp. , 805 F.2d 949, 952 (11th Cir. 1986) ); Info. Sys. & Networks Corp. , 281 F.3d at 1224.

II. FACTUAL BACKGROUND

The undisputed facts are as follows.

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Bluebook (online)
589 B.R. 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/usaa-fed-sav-bank-v-hope-gamd-2018.