West v. Chrisman

518 B.R. 655, 2014 U.S. Dist. LEXIS 132342, 2014 WL 4683182
CourtDistrict Court, M.D. Florida
DecidedSeptember 19, 2014
DocketNo. 8:13-cv-2530-T-36; Bankruptcy No. 8:10-bk-0584-MGW; Adversary No. 8:10-ap-00824-MGW
StatusPublished
Cited by4 cases

This text of 518 B.R. 655 (West v. Chrisman) 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
West v. Chrisman, 518 B.R. 655, 2014 U.S. Dist. LEXIS 132342, 2014 WL 4683182 (M.D. Fla. 2014).

Opinion

OPINION AND ORDER

CHARLENE EDWARDS HONEYWELL, District Judge.

This cause comes before the Court upon Appellant John William West’s (“West”) appeal (Doc. 15) of the Bankruptcy Court’s Order finding that Appellee Aleta Chris-man (“Aleta”), as Personal Representative of the Estate of E. Boyer Chrisman (“Estate”) and as Co-Trustee of the E. Boyer Chrisman Amended and Restated Trust, dated June 28, 2005 (“Trust”), is entitled to recover from West a debt in the amount of $212,478.00 that is non-dischargeable pursuant to 11 U.S.C. §§ 523(a)(4) and 523(a)(2)(A) (Doc. 1-1). Aleta filed a response in opposition to the appeal (Doc. 20), and West filed a reply in further support of his appeal (Doc. 23). This Court has jurisdiction over the appeal pursuant to 28 U.S.C. § 158. Aleta also filed a motion for attorneys’ fees (Doc. 21), and West filed a response in opposition to that motion (Doc. 22). On September 4, 2014, [659]*659the Court held oral argument on the appeal and the motion for attorneys’ fees. Doe. 29. Upon due consideration of the record, the briefs, and the oral argument, the Court will now AFFIRM the Bankruptcy Court’s Order and DENY the motion for attorneys’ fees.

I. BACKGROUND

A. Events Prior to West’s Bankruptcy Filing

This dispute arises from the fee agreement entered into between West and Aleta as Personal Representative of the Estate and Co-Trustee of the Trust following the death of E. Boyer Chrisman (“Chris”), for services relating to the administration of the Trust and the Estate (Doc. 1-96, “Fee Agreement”). Chris was introduced to West by Johnson Savary, an attorney who was referred to Chris by his accountant and close personal friend, Ray Leich (“Leich”). Docs. 1-77 at 62-63; 1-125 at 53. West subsequently worked for Chris as his attorney, helping him with tax and estate planning. Doc. 1-125 at 53. In June 2005, Chris and his wife, Irene Chris-man (“Irene”), met with West to sign updated versions of Chris’s Amended and Restated Trust (“2005 Trust Instrument”) and Last Will and Testament (“2005 Will”), both of which were prepared by West. Does. 1-93, 1-94. In the 2005 Trust Instrument, Chris named himself and his wife as Co-Trustees, with West to serve as successor Co-Trustee upon the death of one spouse and Aleta to serve as successor Co-Trustee with West upon the deaths of both spouses. Doc. 1-93 ¶ 10.3.

Chris passed away unexpectedly on May 7, 2008. Doc. 1-77 at 134. On May 19, Aleta, West, and West’s paralegal and office manager, Sandra Wigglesworth (‘Wig-glesworth”), met to discuss how Chris’s estate should be handled. Doc. 1-77 at 98-99, 135. Aleta testified that, at this meeting, West told her that he was Co-Trustee of the estate. Doc. 1-77 at 101. Aleta also testified that, at this meeting, there had been no discussion regarding attorneys’ fees. Doc. 1-77 at 101. However, West and Wigglesworth testified that, at this meeting, Aleta had been given an unsigned copy of the Fee Agreement. Docs. 1-77 at 204; 1-125 at 64-65.

Thereafter, on June 2, 2008, Aleta, Irene, West, and Wigglesworth held a meeting during which Irene, due in part to her failing health, resigned as Co-Trustee, and Aleta accepted that role. Docs. 1-77 at 102; 1-97. At that meeting, Aleta also signed the Fee Agreement, which proposed that fees be “calculated pursuant to the provisions of Florida Statutes § 733.6171 and § 737.2041,” but included no calculation of the fees. Docs. 1-77 at 102-03; 1-96 at 2-4. Four days later, Aleta returned to West’s office to meet with Wigglesworth to sign some documents and pay filing fees. Doc. 1-77 at 113. During that visit, she received a copy of the Fee Agreement, which again did not contain any calculation of what the fees might be. Doc. 1-77 at 113-14. Aleta testified that Wigglesworth told her the fees would be close to one percent of the estate and that it was set by Florida law, Doc. 1-77 at 114, but Wigglesworth denied that she told her this, Doc. 1-77 at 190-91. On June 17, West signed a document entitled “Acceptance of Co-Trustee.” Doc. 1-99.

Aleta and West next met on July 17, 2008. At that meeting, West provided Aleta with an attachment to the Fee Agreement, which included, for the first time, a calculation of the fees to be paid. Docs. 1-77 at 115-16, 148; 1-96 at 8. Per the worksheet, West’s fees under the Fee Agreement would total $355,887, to be paid in three equal installments. Doc. 1-96 at 8. Aleta testified that she was shocked by [660]*660the amount, but that West told her that the bill was “set by Florida statute and law,” and that, prior to his passing, her father had known about it. Doc. 1-77 at 116-117. Wigglesworth and West both testified that West never told Aleta any such thing. Doc. 1-77 at 191-192; 1-125 at 74.

Aleta paid from the Trust the first installment of the fees on July 21, 2008. Doc. 1-111. Subsequently, during the summer and early fall of 2008, the stock market collapsed, and a disagreement between West and Aleta arose over how the Trust funds were to be invested. Doc. 1-125 at 75-79. This dispute came to a head on October 13, when West resigned as Co-Trustee of the Trust. Docs. 1-125 at 79; 1-90. However, West remained as attorney for the Trust, Doc. 1-125 at 80, and on October 23, Aleta paid from the Trust the second installment of the fees, Doc. 1-91.

In November 2008, Leich met with Aleta and her sister, where he learned of the Fee Agreement and became “outraged.” Doc. 1-77 at 72, 79. Leich offered to charge $15,000 to $20,000 to complete the Form 706, Doc. 1-77 at 79-80, and referred Aleta to the GrayRobinson law firm, which terminated West as attorney for the Trust, Docs. 1-77 at 82, 1-125 at 82. Leich ultimately completed the Form 706, charging approximately $21,000 for his services. Doc. 1-77 at 80. Aleta never paid West the final installment of the fees under the Fee Agreement. Doc. 1-77 at 166-67. Instead, she brought suit against West in Florida’s Twelfth Judicial Circuit Court, seeking a return of the fees already paid. Doc. 1-190.

B. Bankruptcy Court Proceedings

While Aleta’s case was pending in state court, West filed a voluntary petition for Chapter 7 bankruptcy. Doc. 1-4. Shortly thereafter, Aleta commenced an action against him in the Bankruptcy Court in her capacity as Personal Representative of the Estate and as Co-Trustee of the Trust. Doc. 1-6. In her Complaint, Aleta alleged that West had abused his fiduciary position as Co-Trustee of the Trust to fraudulently enter into a fee arrangement with the Estate and the Trust. Doc. 1-6. Aleta sought a determination that West therefore owed a debt equaling the fees already paid him under the arrangement, that would not be dischargeable by his bankruptcy petition. Doc. 1-6.

The Bankruptcy Court bifurcated the proceedings. In the liability phase, the Bankruptcy Court ruled in Aleta’s favor following a two-day trial. The Bankruptcy Court first found that West had assumed the role of Co-Trustee immediately after Chris’s death in May 2008, as opposed to the later date of June 17, 2008, when he signed the acceptance document. Doc. 1-179 at 9-10.

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Bluebook (online)
518 B.R. 655, 2014 U.S. Dist. LEXIS 132342, 2014 WL 4683182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-chrisman-flmd-2014.