In re Durant
In re Durant
Opinion of the Court
This matter presents what would appear to be a relatively simple question-i.e., what qualifies as a "consumer debt" under the U.S. Bankruptcy Code.
I. Relevant Background
Damond Durant, Sr. (the "Debtor") and Sharae Durant (collectively with the Debtor, the "Debtors") filed this chapter 7 case on July 28, 2017. The Debtors list approximately $452,146.00 in debt on the schedules to their chapter 7 petition. The overwhelming majority of this debt relates to a single judgment entered against the Debtor by the Circuit Court for Baltimore City on April 12, 2016 (the "State Court Judgment"). See Ex. 2, Mot. Part. Summ. J., ECF 29-2. The State Court Judgment is based on the Debtor's conduct with respect to certain inheritance funds in the amount of $75,803.83 (the "Inheritance Funds") belonging to the Debtor's son, Damon Durant, Jr. (the "Creditor").See
*215The Creditor's late grandmother left him the Inheritance Funds in her Last Will and Testament (the "Will"). See Mot. Part. Summ. J. at 3, ECF 29. Under the terms of the Will, the Debtor was given custody of the Inheritance Funds because the Creditor was still a minor at the time.
The Creditor initiated litigation against the Debtor in the Circuit Court for Baltimore City (the "State Court") on January 16, 2015. The Creditor's complaint against the Debtor contained four counts sounding in fraud/intentional theft, breach of fiduciary duties, conversion, and unjust enrichment. See Ex. 2, Mot. Part. Summ. J., ECF 29-2. The complaint sought actual damages, attorneys' fees, and other appropriate relief.
The State Court then held an evidentiary hearing on damages relating to the default judgment. Only the Creditor and his counsel appeared at the damages hearing. See State Court Tr. 37. The State Court proceeded to hear evidence on the damages request, including the Creditor's testimony. The Creditor testified that the Debtor would not allow him to use any of the Inheritance Funds until he turned 21 years old, but then when he requested the money, the Debtor told him that all of the money was gone. See
• "[The Debtor] has failed to appear having been given notice of today's hearing, having failed to respond to any process or notices from this Court."Id. at 37 .
• "I've looked at the conduct of [the Debtor] and I find it to be, as I said at the outset, aside from being heartbreaking to hear that somebody's been treated like this, it's reprehensible."Id. at 39 .
• "The fact that [the Debtor] made repeated statements to [the Creditor] knowing full well that they were false, that he couldn't touch the money while he was spending it on himself, to me, clearly shows, by clear and convincing evidence, that there was actual malice, that [the Debtor] knew exactly what he was doing."Id.
After a full review of the record, the State Court entered the State Court Judgment, awarding the Creditor $75,804.83 in actual damages ("Actual Damages"), $70,000.00 in *216non-economic damages ("Non-Economic Damages"), and $227,414.49 in punitive damages ("Punitive Damages"). See Ex. 2, Mot. Part. Summ. J., ECF 29-2.
The United States Trustee ("U.S. Trustee") filed a Motion to Dismiss Case ("Motion to Dismiss") on November 6, 2017. ECF 18. The Motion to Dismiss asserts various grounds for dismissal of the Debtors' chapter 7 case under section 707(b) of the Code. The Creditor has joined the U.S. Trustee's Motion to Dismiss. ECF 20. The Debtors then filed an amended chapter 7 petition, changing the designation of their debt to primarily "non-consumer" debt, and a response to the Motion to Dismiss. ECF 23, 24.
The matter before the Court is the U.S. Trustee's Motion for Partial Summary Judgment that Debtor, Damon Durant's Debts are "Primarily Consumer Debt" ("Motion for Partial Summary Judgment"). ECF 29. The Motion for Partial Summary Judgment relates to the Motion to Dismiss. The U.S. Trustee filed a Memorandum in Support of the Motion to Dismiss, as well as a Request for Admissions of Fact (the "Requests for Admissions"), which the Court granted. ECF 28, 30, 34. The Debtor filed a response to the Motion for Partial Summary Judgment, and the Court held a hearing on the Motion for Partial Summary Judgment and the related pleadings on April 26, 2018 (the "Hearing"). ECF 32.
II. Jurisdiction and Legal Standards
The Court has jurisdiction over this contested matter pursuant to
Rule 56 of the Federal Rules of Civil Procedure, made applicable to this contested matter by Bankruptcy Rule 7056, governs the Motion for Partial Summary Judgment. A moving party may be entitled to judgment as a matter of law under Civil Rule 56 in the absence of any genuine issue of material fact. Fed. R. Civ. P. 56. See Emmett v. Johnson ,
A court must view the evidence on summary judgment in the light most favorable to the nonmoving party and "draw all justifiable inferences" in its favor, "including questions of credibility and of the weight to be accorded to particular evidence." Masson v. New Yorker Magazine ,
*217Fed. R. Civ. P. 56(c). A court has some flexibility in the kinds of evidence that it can consider in resolving a motion for summary judgment. See, e.g., Humphreys & Partners Architects ,
The Court notes that the material facts in this contested matter are not disputed for purposes of the Motion for Partial Summary Judgment. See Mot. Part. Summ. J., ECF 29; Response to Mot. Part. Summ. J., ECF 32; Order, ECF 30. Rather, the dispute concerns the application of sections 101(8) and 707(b) and relevant case law to those facts. Accordingly, the resolution of the legal issue presented by the Motion for Partial Summary Judgment is appropriate and warranted under Civil Rule 56.
III. Analysis
Section 707(b) provides, in relevant part, that "[a]fter notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee (or bankruptcy administrator, if any), or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtor's consent, convert such a case to a case under chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter."
Section 101(8) of the Code defines "consumer debt" to mean a "debt incurred by an individual primarily for a personal, family, or household purpose."
*218A. Meaning of Consumer Debt Generally
The definition of consumer debt was introduced with the enactment of the Code in 1978.
For example, some courts emphasize statements in the legislative history to section 707(b) concerning Congress' objective to mitigate abuses of consumer credit. See, e.g., In re White ,
Nevertheless, as suggested above, the Court finds no need to rely on legislative history and focuses solely on the language of the statute itself. Indeed, a review of the relevant terms used in the definition of consumer debt quickly clarifies its scope. The Code defines the term consumer debt as a "debt incurred by an individual primarily for a personal, family, or household purpose."
B. Application of Consumer Debt Definition
In this matter, the Debtor chose to use the Inheritance Funds "for his own purposes," as explained by the State Court. State Court Tr. 39. Whether that entailed purchasing a motorcycle or paying for vacations, the Debtor made a decision to use money that was not his to obtain personal or family goods or aims. Moreover, as admitted by the Debtor in the context of the Motion for Partial Summary Judgment, *220"[e]ach expenditure of the Inherited Money that Debtor made was made primarily for a personal, family, or household purpose." Order at 2, ECF 30.
Notwithstanding these facts, the Debtor argues that the real "debt" is the State Court Judgment and that such judgment is a non-consumer debt. The Debtor's argument has some merit, particularly with respect to the Punitive Damages. A punitive damages award by its very nature does not serve a personal, family, or household purpose (at least from the debtor's perspective), and is akin to a penalty. The Debtor's argument has significantly less force with respect to the Actual Damages and the Non-Economic Damages. The Court addresses each component of the State Court Judgment below.
1. Actual Damages
The Actual Damages relate to the Debtor's use of the Inheritance Funds for his own, personal purposes. Notably, the Creditor had a "claim" against the Debtor for the repayment of those funds even before the entry of the State Court Judgment. That claim arose upon the Debtor's decision to use the Inheritance Funds-a decision made of his volition-for his own purposes. The Court agrees with the U.S. Trustee that this repayment obligation is similar to that arising when a debtor borrows money from a bank or a friend and uses the money to purchase personal, family, or household goods. In both scenarios, the debtor must repay the money (unless the parties agree otherwise). The fact that the debtor is directed to repay the money by a court order rather than a private contract does not change the "purpose" underlying the claim on which the debtor has liability.
"Courts determine the debtor's purpose as of the time the debt was incurred." In re Cherrett ,
The facts supporting the characterization of the Actual Damages as a consumer debt are very different from those leading courts to determine that a debt is non-consumer, but not a business debt. Courts commonly refer to these kinds of debts as "interstitial." See, e.g., West ,
2. Punitive Damages
The portion of the State Court Judgment awarding the Punitive Damages looks more like the kinds of debts deemed interstitial by courts and treated as non-consumer under section 101(8) of the Code. The Court must, however, consider the directive of Kestell and Runski and whether the non-profit aspect of the Punitive Damages classifies even this portion of the debt as consumer debt. Kestell involved a lump-sum amount that the debtor owed to his former wife under a divorce judgment. The Fourth Circuit's characterization of the judgment at issue in Kestell is clear and succinct: "Since this debt was not incurred with a profit motive or in connection with a business transaction, it is considered 'consumer debt' for purposes of section 707."
At least one lower court in this Circuit has suggested that the Fourth Circuit's holding in Kestell did not contemplate certain kinds of involuntary debts, such as tax debt. See In re Stovall ,
Although the Court generally agrees with the court's analysis in Stovall , the debt before the Court is closer in kind to the debt in Kestell -both debts involved state court judgments that arguably could serve a personal, family, or household purpose and arguably could be classified as involuntary. The Kestell decision does not provide much information about the divorce judgment, other than that "[t]he divorce judgment required Kestell to pay Atkinson alimony, support for three of the couple's five children, a lump-sum award, attorney's fees, and a share of profits from a rental property." Kestell ,
The Court does not know for certain the purpose of the lump sum payment under the divorce judgment in Kestell , but such a judgment could serve a "personal, family, or household purpose" to the extent it provided support for the debtor's children or former spouse (or, for example, helped to repay household debt). That is very different from the purpose underlying a punitive damages award. Courts historically have awarded punitive damages to punish the defendant and to deter the defendant and others from committing similar conduct in the future. See, e.g., Beverly v. Vitran Exp., Inc. ,
3. Non-Economic Damages
Finally, with respect the Non-Economic Damages, the Court finds that the purpose of this portion of the State Court Judgment is akin to interest charged on a loan. The interest component of a loan compensates the creditor for the debtor's use of the funds and, as such, is tied directly to the purpose served by the debtor's use of those funds. In awarding the Non-Economic Damages, the State Court stated, "So for me, I look at a seven-year period from which you became aware that you were being denied access to the money and be[ing] given this bogus response. So I'm awarding at a rate of $10,000 a year for seven years, so non-economic damages in the amount of $70,000." State Court Tr. 39. Based on the entirety of the record in this matter, the Court finds that the Non-Economic Damages are compensation for the Debtor's use of the Inheritance Funds for a personal, family, or household purpose and constitute consumer debt under section 101(8) of the Code.
IV. Conclusion
For the reasons set forth above, the Court concludes that the Actual Damages and the Non-Economic Damages qualify as consumer debt under sections 101(8) and 707(b) of the Code. The Court further concludes that the Punitive Damages, *223though not for a profit motive or associated with a business transaction, do not serve a "personal, family, or household purpose" and, consequently, do not qualify as consumer debt. The Court does not determine herein whether these findings require the dismissal or, with the Debtors' consent, conversion of the Debtors' chapter 7 case under section 707(b). This Memorandum Opinion addresses only the issue posed by the Motion for Partial Summary Judgment. The Court will enter a separate order consistent with, and granting the relief set forth in, this Memorandum Opinion.
The United States Trustee attached only the State Court Judgment to the Motion for Partial Summary Judgment, but the transcript of the state court hearing and the judge's oral ruling, which resulted in the State Court Judgment, are integral to that judgment. In fact, the State Court Judgment provides, "For the reasons set forth on the record in open court, it is this 17th day of February 2016, ORDERED ...." Ex. 2, Mot. Part. Summ. J., ECF 29. A copy of the February 17, 2016 transcript is attached as an exhibit to a separate Amended Motion for Summary Judgment filed by the Creditor in an adversary proceeding in this chapter 7 case pending against the Debtor. See Ex. A, Am. Mot. Summ. J., Adv. Pro. 17-00350 ("Durant Mot. Summ J."), ECF 24-3. Although the Court believes that the facts set forth in the United States Trustee's Motion for Partial Summary Judgment and the related exhibits are more than adequate to support the Court's findings herein, it takes judicial notice of the related state court transcript and, where appropriate or useful, references portions of the transcript in this Order. See, e.g., King v. Nalley ,
The Court may take judicial notice of court dockets in other proceedings, including state court proceedings. See, e.g., Bey v. Shapiro Brown & Alt, LLP ,
The U.S. Trustee attached the Complaint filed in the State Court, the State Court Judgment, and the Request for Admissions in support of the Motion for Partial Summary Judgment. In addition, the Court takes judicial notice of, and references where appropriate or useful, certain other materials. See supra notes 2 and 3 and accompanying text.
Some courts have opined that the determination of whether a debt is consumer debt under section 101(8) of the Code is a question of fact. See, e.g., James v. West (In re West) ,
The role of legislative history in the context of section 101(8) arises frequently in cases involving home mortgages. See, e.g. , In re Swenby ,
With respect to section 101(8), the United States Court of Appeals for the Fifth Circuit explained that "[t]he legislative history of [section 101(8) ] indicates that the definition is adapted from the definition used in various consumer protection laws."Booth ,
Some courts require a debtor's act to be voluntary or of her own volition in order to classify the resulting debt as a consumer debt. See, e.g., West ,
At the Hearing, the U.S. Trustee posited that litigation over a debtor's nonpayment of credit card debt would not change the classification of the debt as consumer debt if the underlying use of the credit card and resulting charges involved a personal, family, or household purpose. The Court agrees. The debtor's use of the funds-regardless of how the resulting debt ultimately is enforced-should inform a court's analysis of whether the debt was "incurred for a personal, family, or household purpose" under section 101(8) of the Code.
The Court acknowledges that the debate concerning whether consumer debt is only one subset of non-business debt or, rather, the only alternative to business debt was contemplated by courts prior to the Fourth Circuit's decision in Kestell . See, e.g., White ,
The Fourth Circuit is not as direct on the purpose aspect of section 101(8) of the Code in Kestell , but the Court notes that Runski was decided after Kestell and that two of the three members of the panel were the same in both cases. The Fourth Circuit's language in Runski also suggests that not all non-business debt is consumer debt in that the Fourth Circuit stated that "business debt" is not consumer debt, thus focusing on the precise language of section 101(8) and what kinds of debt fall within that definition. Moreover, although Runski involved the use of the term consumer debt in section 722 of the Code, as the Fourth Circuit explained, "[b]ecause the rules of statutory construction require us to presume that these terms have the same meaning throughout the same act, ... we turn to cases construing the language of § 101(8) for aid in determining the proper meaning of the nearly identical language found in § 722."Runski ,
Reference
- Full Case Name
- IN RE: Damond and Sharae DURANT, Debtors.
- Cited By
- 5 cases
- Status
- Published