In re Ranieri
In re Ranieri
Opinion of the Court
This case shows that the belt-and-suspenders approach to bankruptcy can cause trouble. In his chapter 13 case, debtor Bruno Ranieri stripped off the lien of second mortgagee 21st Mortgage Corp. in two different ways. He confirmed a plan that stripped the lien, and he moved successfully to have the collateral supporting the lien valued at $ 0.00. But there was a problem. The confirmed plan said the lien would be stripped when Ranieri completed his plan payments. The valuation order said the lien would be stripped when he completed his payments and received a discharge. Because Ranieri had a recent chapter 7 discharge, he received no discharge in the chapter 13 case.
When the case ended, 21st Mortgage sent Ranieri a statement for the mortgage debt. Ranieri says that sending the statement violated the confirmation order and asks to have 21st Mortgage held in contempt. In its defense, 21st Mortgage points to the valuation order. Because that order has preclusive effect, 21st Mortgage argues, its lien was never stripped. So sending the statement was not contempt.
For the reasons discussed below, the confirmation order controls here. Ranieri's motion will therefore be granted and 21st Mortgage held in contempt. It can purge the contempt by releasing its lien.
1. Jurisdiction
The court has subject matter jurisdiction under
2. Background
The relevant facts are taken from the parties' papers, Ranieri's schedules in his two bankruptcy cases, and the court's *453docket and claim register in both cases.
Bruno Ranieri owned and presumably still owns a residence in Mundelein, Illinois. Two mortgages encumbered the property. U.S. Bank held the first mortgage. 21st Mortgage held the second.
In December 2013, Ranieri filed a chapter 7 bankruptcy case, No.
A little over a year later, Ranieri filed this chapter 13 case, No.
Along with his petition and schedules, Ranieri filed a proposed plan. (Dkt. No. 2). Section G of the plan treated 21st Mortgage's lien. In section G, Ranieri (1) valued the lien at $ 0.00; (2) declared that the lien would be stripped "upon completion of plan payments"; (3) said that 21st Mortgage would receive no payments under the plan (given the lien strip and the discharge of Ranieri's personal liability for the mortgage debt in the chapter 7 case); and (4) obligated 21st Mortgage to release its lien "within 30 days of completion of plan payments." (Id. ).
21st Mortgage objected to confirmation of the plan, disputing its treatment on the ground that Ranieri had undervalued the property. (Dkt. No. 15). The actual value, 21st Mortgage said, was $ 380,000 - and although that value would produce no equity to support the second mortgage, U.S. Bank had not yet filed a proof of claim. (Id. ). 21st Mortgage also observed that Ranieri had not "filed a motion ... properly requesting that [the] lien be stripped." (Id. ).
In October 2015, Ranieri accepted 21st Mortgage's invitation, moving under section 506(a) of the Code and Bankruptcy Rule 3012 to determine the value of the Mundelein property and strip the lien. (Dkt. No. 21). In the motion, Ranieri asserted that the property's value was $ 305,000. (Id. ). Since the balance of the first mortgage exceeded the value, he said, the second mortgage was wholly unsecured, and 21st Mortgage's lien should be stripped "upon entry of discharge." (Id. ).
The same day Ranieri filed his Rule 3012 motion, he also proposed an amended plan. (Dkt. No. 23). The amended plan reduced Ranieri's expenses, increased his monthly payments to the trustee, increased the estimated total payments on non-attorney priority claims, and increased the estimated trustee fees. (Id. ). The amended plan's treatment of 21st Mortgage's lien, though, was identical to the lien's treatment in the initial plan. (Id. ). Section G remained the same.
*45421st Mortgage objected to confirmation of the amended plan and to the Rule 3012 motion. (Dkt. Nos. 24, 30). But before briefing could be completed, U.S. Bank filed a proof of claim for $ 423,789 in connection with its first mortgage. (Claim No. 3-1). That claim left the second mortgage lien wholly unsecured, even under 21st Mortgage's higher valuation. A week later, 21st Mortgage withdrew its objections to confirmation and to the Rule 3012 motion. (Dkt. No. 35).
On March 11, 2016, Ranieri's motion to value the property was granted. (Dkt. No. 51). The order granting the motion declared that 21st Mortgage's lien was "entirely unsecured ... given the value of the property and the amount of senior liens," and any claim of 21st Mortgage would be "treated as an unsecured claim in the Chapter 13 plan." (Id. ). The order continued: "Upon completion of the Chapter 13 plan and entry of a discharge, the creditor's lien [meaning 21st Mortgage's lien] will be deemed satisfied ...." The order was entered on the docket on March 14, 2016. (Id. ).
At the same March 11 hearing, Ranieri's amended plan - providing that 21st Mortgage's lien would be stripped when Ranieri completed his plan payments - was confirmed. The confirmation order was entered on the docket on March 17, 2016. (Dkt. No. 54).
Meanwhile, back in October 2015, the trustee had objected to Ranieri's discharge because Ranieri had received a chapter 7 discharge just two years earlier. (Dkt. No. 29); see
Ranieri completed his plan payments in September 2018. (Dkt. No. 57). In October 2018, the trustee filed his final report (Dkt. No. 58), and the case was closed without a discharge (Dkt. No. 59).
Thirty days passed after Ranieri's last plan payment, but 21st Mortgage did not release its lien. Instead, shortly after the case closed, it sent Ranieri a statement for $ 62,925.38, the unpaid balance on the second mortgage.
Ranieri now moves to have 21st Mortgage held in contempt. He maintains that 21st Mortgage has violated the confirmation order because the lien was stripped when he completed his plan payments, and 21st Mortgage failed to release the lien as the confirmed plan required.
3. Discussion
Ranieri's motion will be granted. 21st Mortgage rightly frames the issue as one of claim preclusion but wrongly concludes that the valuation order has preclusive effect. The confirmation order, not the valuation order, is preclusive. Because the confirmed *455plan said the lien would be stripped once Ranieri had made all his plan payments and required 21st Mortgage to release its lien, 21st Mortgage violated the confirmation order when it failed to release it.
a. Claim Preclusion
Under the doctrine of claim preclusion (or res judicata, an older term), "a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." Allen v. McCurry ,
The preclusive effect of a federal judgment depends on federal preclusion law. Taylor v. Sturgell ,
Both orders here - the confirmation order and the valuation order - meet these requirements. The parties to the proceedings that led to the orders were the same: Ranieri and 21st Mortgage. The "causes of action" were the same because they arose from "the same core of operative facts." Highway J Citizens Grp. v. U.S. Dep't of Transp. ,
Citing Sain v. Isles at Bayshore Master Ass'n, Inc. , No. 14-20338-MC,
Because the parties were the same, the causes of action were the same, and the orders were final, either order on its own would be entitled to preclusive effect. But both cannot be preclusive, each nullifying the other. One has to govern. So the question becomes which order governs here.
b. Inconsistent Judgments
When two parallel proceedings produce judgments, the first judgment entered ordinarily controls. "If two actions are pursued simultaneously the first judgment to be entered is entitled to res judicata effect without regard to the order in which the two were commenced ...." 18 Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice & Procedure § 4404 at 46 (3d ed. 2016) ; see Baek v. Clausen ,
But the first-in-time rule applies when two judgments are consistent. See Browning v. Navarro ,
When two parallel proceedings produce inconsistent judgments, the preclusion rule is reversed. The judgment entered last in time, not first in time, controls. Valley Nat'l Bank of Ariz. v. A.E. Rouse & Co. ,
*457Osborn v. Knights of Columbus ,
Because the confirmation order was entered later, it controls the lien-strip question, governing over the earlier, inconsistent valuation order. And because the confirmation order made completing plan payments the only condition of the lien strip, a condition Ranieri fulfilled, 21st Mortgage's lien was stripped, and 21st Mortgage had to release its lien. Failing to release the lien violated the confirmation order.
To district court regulars, this may seem an odd application of claim preclusion. Claim preclusion is usually raised "in a separate case from the one in which the judgment or ruling sought to be used as a bar to further litigation was rendered ...." Amcast Indus. Corp. v. Detrex Corp. ,
Unlike a civil action in the district court, though, a bankruptcy case is episodic. It involves "an aggregation of individual controversies, many of which would exist as stand-alone lawsuits but for the bankrupt status of the debtor." Bullard v. Blue Hills Bank , --- U.S. ----,
21st Mortgage appears to agree that both orders meet the requirements for claim preclusion (since it argues for the first-in-time rule). Still, 21st Mortgage challenges the confirmation order, arguing that a wholly unsecured junior lien can be stripped off only upon discharge. Because Ranieri could not and did not receive a discharge, no lien strip occurred.
This argument is an attack on the confirmation order itself - an order that 21st Mortgage concedes was final. Had 21st Mortgage wanted to make the argument, it should have made it in its objection to confirmation of Ranieri's amended plan. 21st Mortgage did not make it. (See Dkt. No. 24). In fact, 21st Mortgage withdrew its objection before the confirmation hearing. (Dkt. No. 35). Confirmation of the amended plan was uncontested.
Having failed to challenge Ranieri's plan then, 21st Mortgage cannot challenge it now. Under section 1327(a) of the Code, "[t]he provisions of a confirmed plan bind the debtor and each creditor whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, accepted, or has rejected the plan."
Citing In re Escobedo ,
The problem with Escobedo is that the Supreme Court overruled it, implicitly if not explicitly, in United Student Aid Funds, Inc. v. Espinosa ,
c. Relief
21st Mortgage's failure to release its lien as the plan required violated the confirmation order. 21st Mortgage will therefore be held in civil contempt. Rockwell Graphic Sys., Inc. v. DEV Indus., Inc. ,
No other relief will be granted. On top of the release, Ranieri asks for actual and punitive damages as well as attorney's fees and costs. True, civil contempt's function is compensatory as well as coercive, U.S. S.E.C. v. Hyatt ,
As for attorney's fees, an award is discretionary, not automatic. Tranzact Techs., Inc. v. 1Source Worldsite ,
4. Conclusion
The motion of debtor Bruno Ranieri to hold 21st Mortgage Corp. in contempt is granted. 21st Mortgage will be given an opportunity to purge the contempt by releasing its lien. A separate order will be entered consistent with this opinion.
A bankruptcy court can take judicial notice of its own records, In re Woodmar Realty Co. ,
Docket entries in the chapter 7 case are cited as "Ch. 7 Dkt. No. ___." Docket entries in the chapter 13 case are cited simply as "Dkt. No. ___."
Technically, it was the amended plan that required 21st Mortgage to release the lien. Failing to release the lien would therefore violate the plan. But violating a confirmed plan also violates the order confirming it. Rodriguez v. Countrywide Home Loans, Inc. (In re Rodriguez) ,
An order is entered when the clerk dockets it, not when the judge signs it. See In re ANR-Advance Transp. Co. ,
21st Mortgage finds the different entry dates significant. "[T]here was no other way [the] court could have entered these orders," 21st Mortgage says, because the Rule 3012 motion "had to be resolved" before the plan could be confirmed. (Resp. at 10). Not so. The dates resulted from the way the clerk's office processed the orders. What is more, the Rule 3012 motion did not have to be resolved first - or at all. A chapter 13 debtor has at least two methods for stripping a wholly unsecured junior lien: a plan provision and a Rule 3012 motion. See generally Keith M. Lundin & William H. Brown, Chapter 13 Bankruptcy , 4th ed., § 128.1, at ¶¶ 14, 22, Sec. Rev. Nov. 4, 2011, www.Ch13online.com. Either will do. Ranieri decided to use both. But he could have used one or the other - and should have.
Not that the order was legal error. Though courts have split on the question, the better view (and one gaining more and more adherents) is that a debtor can indeed strip off a wholly unsecured junior lien upon completing his plan payments even if he is ineligible for a discharge. See, e.g., In re Scantling ,
Reference
- Full Case Name
- IN RE: Bruno RANIERI, Debtor.
- Cited By
- 7 cases
- Status
- Published