World Business Lenders, LLC v. Barry (In re Barry)

559 B.R. 654
CourtUnited States Bankruptcy Court, M.D. Pennsylvania
DecidedNovember 17, 2016
DocketCase Number: 5:15-bk-05281-RNO; Adversary Number: 5-16-ap-00038-RNO
StatusPublished

This text of 559 B.R. 654 (World Business Lenders, LLC v. Barry (In re Barry)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
World Business Lenders, LLC v. Barry (In re Barry), 559 B.R. 654 (Pa. 2016).

Opinion

OPINION1

Robert' N. Opel, II, Chief Bankruptcy Judge

Plaintiff, World Business Lenders, LLC (‘WBL”), filed a three count Complaint requesting that its debt be found non-dischargeable .and the Debtor/Defendant, Bubacar Barry (“Debtor”), be denied a Chapter 7 discharge. WBL moved for sum-mary judgment on September 8, 2016. For the reasons stated below, the Motion is denied.

I. Jurisdiction

This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I) and (J).

[657]*657II. Facts and Procedural History

A voluntary petition under Chapter 7 of the Bankruptcy Code was filed by the Debtor on December 10, 2015. This Adver-sary Proceeding was commenced by WBL on March 29, 2016. The Complaint alleges that the Debtor guaranteed payment of a Promissory Note executed by Community Check Cashing Services, Inc. (“CCCS”). Compl. Objecting to Dischargeability of Debt Pursuant to Section 528(a) of the Bankruptcy Code and Objecting to Debt- or’s Discharge Pursuant to Section 727(a) of the Bankruptcy Code ¶¶ 5-10, March 29, 2016, ECF No. 1 (“Complaint”).

It is alleged that the Debtor granted a first lien in favor of WBL on a 2009 Mer-cedes Benz (“Mercedes”) to secure the Note and Guaranty (“Loan Documents”). Complaint ¶¶ 9-10, ECF No. 1. Upon de-fault of the Note, WBL alleges that it confessed judgment against CCCS and the Debtor in the Court of Common Pleas of Monroe County, Pennsylvania, in the amount of $42,291.26 on December 22, 2014. Complaint ¶¶ 11-12, ECF No. 1.

Subsequent to filing for bankruptcy, the Debtor filed schedules of assets and liabilities in the Chapter 7 bankruptcy case on December 24, 2015. Included in Schedule E/F—Creditors Who Have Unsecured Claims, the Debtor listed WBL as a nonp-riority unsecured creditor in the amount of $93,000.00 for a “business debt,” and listed CCCS as a co-debtor for this claim on Schedule H. The Mercedes was not listed as an asset on the Schedules. The Debtor also filed a Statement of Financial Affairs (“SFA”) in the bankruptcy case. In his response to question 10 of the SFA, the Debtor states that the Mercedes was at-tached, seized, or levied on November 18, 2015, and lists WBL as the creditor. In his response to question 18 of the SFA, he states t hat within two years before filing for bankruptcy he transferred the Mer-cedes to his daughter, Haby Barry (“daughter”). The Debtor additionally de-scribes the property transferred as a “2009 Mercedes Benz titled in Debtor’s name only but owned by his daughter.” In de-scribing any property or payments re-ceived in exchange for the Mercedes, the Debtor stated “none” and that it “was owned by the Debtor in name only.”

The Complaint alleges that the Debtor knowingly, intentionally, and without no-tice to WBL, transferred the Mercedes to his daughter and/or exported it to Senegal around July of 2015. Complaint ¶¶ 13, 17-18, 36, ECF No. 1. WBL therefore argues that the debt owed under the Note should be declared non-dischargeable under 11 U.S.C. § 523(a)(2)(A)2 and/or § 523(a)(6) of the Bankruptcy Code, and Debtor should be denied a discharge as to all debts under § 727(a)(2)(A). Briefs have been submitted in support of and in oppo-sition to the Motion. The Motion is now ripe for decision.

III. Discussion

A. Standard to Decide a Motion for Summary Judgment Under F.R.B.P. 7056

Federal Rule of Bankruptcy Procedure 7056 makes Federal Rule of Civil Procedure 56 applicable to bankruptcy adversary proceedings. Pursuant to Rule 56, summary judgment is appropriate and shall be granted when the movant establishes that there is no genuine dispute of material fact and that the movant is entitled to judgment as a matter of law. Beard v. Banks, 548 U.S. 521, 529, 126 S.Ct. 2572, [658]*6582578, 165 L.Ed.2d 697 (2006); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986); Rosen v. Bezner, 996 F.2d 1527, 1530 (3d Cir. 1993); In re Eury, 544 B.R. 563, 565 (Bankr. W.D.Pa. 2016). A material fact is one that “might affect the outcome of the suit under [substantive] governing law.” Anderson v. Liberty Lobby Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Doe v. Luzerne County, 660 F.3d 169, 175 (3d Cir. 2011). The initial burden of proof is on the movant to show that there is no genuine dispute of material fact, which may be established by citing materials in the record such as “depositions, documents, affidavits, stipulations, admissions, and interrogatory answers.” In re Scalera, 2013 WL 5963554, at *1 (Bankr. W.D.Pa. 2013).

Once the movant has satisfied the initial burden, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts,” but must instead show that there is a genuine issue for trial. Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 1776, 167 L.Ed.2d 686 (2007) (citing Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986)). “The non-moving party must go beyond the pleadings and point to specific facts showing that there is a genuine issue for trial.” Veasey v. Fisher, 307 Fed.Appx. 614, 615 (3d Cir. 2009) (citing Celotex Corp., 106 S.Ct. at 2553). The Supreme Court has stated that “[w]hen opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.” Scott, 127 S.Ct. at 1776.

When considering a motion for summary judgment, all inferences shall be drawn in a light most favorable to the non-moving party, here the Debtor. Abramson v. William Paterson Coll. of N.J., 260 F.3d 265, 276 (3d Cir. 2001); In re Eury, 544 B.R. 563, 565 (Bankr. W.D.Pa. 2016).

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Cite This Page — Counsel Stack

Bluebook (online)
559 B.R. 654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/world-business-lenders-llc-v-barry-in-re-barry-pamb-2016.