Zucker v. Wesbanco Bank, Inc. (In re Fairmont General Hospital, Inc.)

546 B.R. 659, 88 U.C.C. Rep. Serv. 2d (West) 1296, 2016 Bankr. LEXIS 587
CourtUnited States Bankruptcy Court, N.D. West Virginia
DecidedFebruary 25, 2016
DocketCase No. 1:13-bk-01054; Adversary No. 15-ap-00024
StatusPublished
Cited by1 cases

This text of 546 B.R. 659 (Zucker v. Wesbanco Bank, Inc. (In re Fairmont General Hospital, Inc.)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zucker v. Wesbanco Bank, Inc. (In re Fairmont General Hospital, Inc.), 546 B.R. 659, 88 U.C.C. Rep. Serv. 2d (West) 1296, 2016 Bankr. LEXIS 587 (W. Va. 2016).

Opinion

MEMORANDUM OPINION

Patrick M. Flatley, United Stated Bankruptcy Judge

Clifford Zucker, in his capacity as Debt- or Representative and Liquidating Trustee [661]*661(the “Liquidating Trustee”), and UMB Bank, N.A., in its capacity as successor trustee with respect to the 2007 bonds (collectively, with the Liquidating Trustee, the “Plaintiffs”) seek summary judgment on Counts I and II raised in its First Amended Complaint (“Complaint”) against Marion County Commission (the “Defendant”). Specifically, the Plaintiffs request the comet enter summary judgment in their favor as to Count I because there are no genuine disputes of material facts as to whether the Plaintiffs benefitted from a transfer of property by the Debtor within 90days before the commencement of the Debtor’s bankruptcy case and while the Debtor was insolvent. Similarly, the Plaintiffs assert that they are entitled to summary judgment on to Count II because there is no genuine dispute of material fact that, but for the preferential transfer challenged in Count I, the Defendant was not perfected in the Debtor’s property prepetition such that the Liquidating Trustee may avoid the Defendant’s interest under § 544 of the Bankruptcy Code. The Defendant argues that summary judgment is not proper as to either claim because the Defendant assigned its interests to a third-party and has thus never been a creditor of the Debtor. As discussed hereinafter, the Plaintiffs’ motion for summary judgment is denied as to Count I, however the court finds that the Defendant lacks any interest in the property of the Debtor, such that judgment as to Count II is granted as the Liquidating Trustee’s interest is unimpeded because the Defendant lacked a secured interest in the Debtor’s property as of the petition date.1

I. JURISDICTION

The court has jurisdiction over this proceeding pursuant to 28 U.S.C. §§ 157 and 1334(b) as it pertains to the dispute between the Plaintiffs and the Defendant. Furthermore, in that context, this is a statutorily and constitutionally core proceeding. See 28 U.S.C. § 157(b)(2)(F) and (K); see also Stern v. Marshall, 564 U.S. 462, 131 S.Ct: 2594, 2618, 180 L.Ed.2d 475 (2011) (finding that claims are constitutionally core if they would “necessarily be resolved in the claims allowance process.”).2

II. STANDARD OF REVIEW

Federal Rule of Civil Procedure (“Rule”) 56, made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 7056, provides that summary judgment is only appropriate if the movant demonstrates “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). A party seeking summary judgment must make a prima facie case by showing: first, the apparent absence of any genuine dispute of material fact; and second, the movant’s entitlement to judgment as a matter of law on the basis of undisputed facts. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 [662]*662S.Ct. 2505, 91 L.Ed.2d 202 (1986). The movant bears the burden of proof to establish that there is no genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Demonstrating an absence of any genuine dispute as to any material fact satisfies this burden. Id. at 323, 106 S.Ct. 2548. Material facts are those necessary to establish the elements of the cause of action. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. Thus, the existence of a factual dispute is material—thereby precluding summary judgment—only if the disputed fact is determinative of the outcome under applicable law. Shaw v. Stroud, 13 F.3d 791, 798 (4th Cir.1994). A movant is entitled to judgment as a matter of law if “the record as a whole could not lead a rational trier of fact to find for the non-movant.” Williams v. Griffin, 952 F.2d 820, 823 (4th Cir.1991) (citation omitted); see also Anderson, 477 U.S. at 248, 106 S.Ct. 2505.

If the moving party shows that there is no genuine dispute of material fact, the nonmoving party must set forth specific facts that demonstrate the existence of a genuine dispute of fact for trial. Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. 2548. The court is required to view the facts and draw reasonable inferences in the light most favorable to the nonmoving party. Shaw, 13 F.3d at 798. However, the court’s role is not “to weigh the evidence and determine the truth of the matter [but to] determine whether there is a need for a trial.” Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505. Nor should the court make credibility determinations. Sosebee v. Murphy, 797 F.2d 179, 182 (4th Cir.1986). If no genuine issue of material fact exists, the court has a duty to prevent claims and defenses not supported in fact from proceeding to trial. Celotex Corp., 477 U.S. at 317, 323-24, 106 S.Ct. 2548.

III. BACKGROUND

On July 29, 2015, the Plaintiffs filed this adversary proceeding against the Defendant and a host of over parties seeking a variety of relief on various grounds emanating from the bankruptcy filing of Fair-mont General Hospital, Inc. (“the Debtor”).3 Specifically, Counts I and II of the Complaint name the Defendant and seek to avoid transfers of property that occurred in 2007 and 2013 under 11 U.S.C. §§ 544 and 547, respectively. The Defendant moved to dismiss the claims for failure to state a claim upon which relief can be granted on August 21, 2015. The Plaintiffs responded by amending their Complaint on August 24, 2015. The Defendant again moved to dismiss for failure to state a claim on September 30, 2015. On November 6, 2015, the Plaintiffs objected to the Defendant’s motion to dismiss and moved for summary judgment. The motion to dismiss has been denied by an order entered immediately before the entry this memorandum opinion.

The facts of this case are largely undisputed. In order to finance the construction and operation of a new facility (the “Healthplex”), the Defendant issued $13,700,000 in hospital revenue bonds. In exchange, the Debtor provided the Defendant with certain security interests.

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546 B.R. 659, 88 U.C.C. Rep. Serv. 2d (West) 1296, 2016 Bankr. LEXIS 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zucker-v-wesbanco-bank-inc-in-re-fairmont-general-hospital-inc-wvnb-2016.