JEFF BOHM, Bankruptcy Judge.
In the suit at bar, the Chapter 13 Debtors, Charles J. Ruth, III and Jennifer L. Ruth (the Plaintiffs) request this Court to disallow the proof of claim, specifically Claim No. 10, filed by Resurgent Capital Services and LVNV Funding, Inc. (the Defendants) and request affirmative relief in the form of sanctions for abuse of the proof of claim process and a damages award for vexatious litigation against the Defendants. [Adv. Doc. No. 2]. For the reasons set forth herein, all relief requested by the Plaintiffs is denied.
The Court makes the following Findings of Fact and Conclusions of Law pursuant to Federal Rule of Civil Procedure 52, as incorporated into Federal Rule of Bankruptcy Procedure 7052, and Bankruptcy
Three witnesses testified at trial: Johnie Patterson (Mr. Patterson), who is the attorney for the Plaintiffs and also their general bankruptcy counsel in their main Chapter 13 case. Additionally, the Plaintiffs themselves gave testimony. The Court finds that all three of these individuals are credible. However, the testimony given by the Plaintiffs was very brief and not particularly useful in assisting this Court to render a decision. Rather, it is Mr. Patterson's testimony which is material.
The Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. §§ 1334(b) and 157(a). This particular dispute is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (B), and (O). Additionally, this proceeding is a core proceeding under the general "catch-all" language of 28 U.S.C. §§ 157(b)(2). See In re Southmark Corp., 163 F.3d 925, 930 (5th Cir.1999) ("[A] proceeding is core under section 157 if it invokes a substantive right provided by title 11 or if it is a proceeding that, by its nature, could arise only in the context of a bankruptcy case."); De Montaigu v. Ginther (In re Ginther Trusts), Adv. No. 06-3556, 2006 WL 3805670, at *19 (Bankr.S.D.Tex. Dec. 22, 2006) (holding that an "[a]dversary [proceeding is a core proceeding under 28 U.S.C. § 157(b)(2) even though the laundry list of core proceedings under § 157(b)(2) does not specifically name this particular circumstance"). Venue is proper pursuant to 28 U.S.C. § 1409(1).
Having concluded that this Court has jurisdiction over this dispute, this Court nevertheless notes that Stern v. Marshall, ___ U.S. ___, 131 S.Ct. 2594, 180 L.Ed.2d 475 (2011) sets forth certain limitations on the constitutional authority of bankruptcy courts to enter final orders. In Stern, the debtor filed a counterclaim against a creditor who had filed a proof of claim. The debtor's counterclaim was based solely on state law; there was no Bankruptcy Code provision undergirding the counterclaim. Id. at 2611. Moreover, the resolution of the counterclaim was not necessary to adjudicating the claim of the creditor. Id. Under these circumstances, the Supreme Court held that the bankruptcy court lacked constitutional authority to enter a final judgment on the debtor's counterclaim. Id. at 2620. In the dispute at bar, this Court concludes that it has constitutional authority to enter a final judgment in the dispute at bar for the reasons set forth below.
In Stern, the suit between the debtor's estate and the creditor concerned solely state law issues. Id. at 2611. In the suit at bar, the Amended Complaint arises out of whether the Defendants properly filed Claim No. 10. The relief that the Plaintiffs seek is based upon Bankruptcy Code Section 502 — governing the claims allowance process — Bankruptcy Rule 3007, which governs objections to claims, and
As already stated, in Stern, the resolution of the counterclaim was not necessary to adjudicating the claim of the creditor. In the dispute at bar, however, the Plaintiffs have filed an objection to Claim No. 10, the resolution of which is necessary to adjudicating Claim No. 10. Indeed, the Plaintiffs' objection is expressly aimed at disallowing Claim No. 10. The resolution of this dispute therefore necessarily determines the validity of Claim No. 10, which was not true in Stern. For these reasons, this Court concludes that Stern has no application and that this Court has constitutional authority to enter a final judgment in this suit.
The Plaintiffs object to Claim No. 10 on two grounds. [Adv. Docket No. 2, p. 5-6]. First, the Plaintiffs assert that Claim No. 10 should be disallowed because it fails to meet Federal Rule of Bankruptcy Procedure 3001
The Defendants have responded to the Amended Complaint by requesting that this Court dismiss the objection to Claim No. 10. [Adv. Docket No. 11]. The Defendants assert that the Plaintiffs' objection is not timely. [Adv. Docket No. 11, p. 5]. Alternatively, the Defendants argue that even if the Plaintiffs' objection is timely, the Plaintiffs have failed to provide sufficient evidence to prove that cause exists for this Court to reconsider Claim No. 10. [Adv. Docket No. 31, p. 7].
Given these arguments, this Court must first determine whether the Plaintiffs' objection to Claim No. 10 is timely. If it is untimely, then this suit must be dismissed.
The Defendants contend that the Plaintiffs' objection to Claim No. 10 is
In the Plaintiffs' Chapter 13 case, under Local Bankruptcy Rule 3021-1(c), the deadline for filing an objection to the Defendants' proof of claim was on June 29, 2009. [Finding of Fact No. 4]. The Plaintiffs filed their objection on October 22, 2010, approximately sixteen months after the deadline calculated by Local Rule 3021-1(c). [Finding of Fact No. 7]. The Plaintiffs do not dispute that their objection to the Defendants' proof of claim was filed beyond the deadline pursuant to Local Bankruptcy Rule 3021-1(c). [Adv. Docket No. 2]. Nonetheless, they argue that the Defendants' interpretation of Local Rule 3021-1(c) is erroneous. [Adv. Docket No. 25, p. 3]. This Court agrees. Contrary to the Defendants' arguments, Rule 3021-1(c) does not bar the Plaintiffs' objection. [Adv. Docket No. 25, p. 3]. In addition to the language in Rule 3021-1(c) cited above, Rule 3021-1(c) also expressly states that "Nothing in this rule precludes the reconsideration of the allowance of a claim pursuant to § 502(j) of the Bankruptcy Code." Importantly, § 502(j) does not place time restrictions on requests for the reconsideration of claims. Accordingly, this Court finds that the Plaintiffs' objection to Claim No. 10 is not barred due to untimeliness.
Under § 502(j), a court may reconsider the allowance of a claim if the objecting party can show cause. Specifically, § 502(j) states that "[a] claim that has been allowed or disallowed may be reconsidered for cause. A reconsidered claim may be allowed or disallowed according to the equities of the case." The Fifth Circuit has held that bankruptcy courts may exercise "virtually plenary" discretion when deciding whether to reconsider a claim. Colley v. Nat'l Bank of Tex. (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987) (internal citations omitted).
However, the Fifth Circuit has held that courts should exercise caution when applying
Accordingly, Fifth Circuit precedent requires that bankruptcy courts apply Fed.R.Civ.P. 60(b)
In re Jack Kline Co., 440 B.R. 712, 741 (Bankr.S.D.Tex.2010).
Therefore, after concluding that Rule 60(b) standards apply to previously litigated proofs of claim, this Court must now determine whether the merits of Claim No. 10 have in fact been previously litigated.
The Court finds that the merits of the Defendants' Claim No. 10 have not in fact been previously litigated. This Court has held that if no party objects to the allowance of a claim, then the merits of the claim will not be deemed litigated "until the conclusion of the case" — and the Plaintiffs' main Chapter 13 case is certainly not concluded, as the Plaintiffs are making payments under their confirmed plan.
In the dispute at bar, nothing in the record suggests that the merits of Claim No. 10 have ever been litigated. In fact, the Plaintiffs did not object to Claim No. 10 until after this claim became an allowed claim. [Findings of Fact Nos. 4, 6, & 7]. Accordingly, this Court concludes that Claim No. 10 has not in fact been litigated. Therefore, in this adversary proceeding, the Court is not required to apply the Rule 60(b) standards in reconsidering Claim No. 10. Instead, this Court may exercise its "virtually plenary" discretion and the equities of the case to determine whether Claim No. 10 should be reconsidered.
Federal Rule of Bankruptcy Procedure 3001(f) states that an allowed proof of claim is prima facie evidence of the validity and amount of a claim. See also 11 U.S.C. § 502(a). Therefore, the objecting party bears the burden of proof in establishing cause for reconsidering an allowed claim. See Jack Kline, 440 B.R. at 742 (holding that proof of claim should not be reconsidered because objecting party had not established that claim was inappropriate or fraudulent). The Court finds that the Plaintiffs, as the objecting parties, have not met the burden of proof necessary to overcome the presumptive validity of Claim No. 10.
The trial held on March 7, 2012 afforded the Plaintiffs the opportunity to adduce testimony and introduce exhibits to establish cause for reconsideration of Claim No. 10. The Plaintiffs, however, provided very little evidence to meet their burden. [See Finding of Fact No. 10]. At this hearing, the Plaintiffs' counsel, Mr. Patterson, gave testimony that he, unilaterally, decided to object to Claim No. 10 because he believes that this claim is unenforceable on its face. Mr. Patterson also testified that he objected because the Defendants were not the original creditors holding the debt in issue.
The Court has discretion under its inherent authority to examine the facts as established and "may impose sanctions against litigants or lawyers appearing before the court so long as the court makes a specific finding that they engaged in bad faith conduct." Knight v. Luedtke (In re Yorkshire, LLC), 540 F.3d 328, 332 (5th Cir.2008) (citing Elliott v. Tilton, 64 F.3d 213, 217 (5th Cir.1995)). The Plaintiffs seek sanctions because they assert that Claim No. 10 falls woefully short of satisfying the documentary requirements of Fed. R. Bankr.P. 3001. The Plaintiffs' argument presumably is that the Defendants' failure to comply constitutes bad faith conduct given the fact that this Court has previously taken the Defendants to task for failing to attach appropriate documentation to their proofs of claim. In re DePugh, 409 B.R. 84, 103 (Bankr.S.D.Tex. 2009).
There is no question that this Court has previously held that the Defendants' failure to comply with Bankruptcy Rule 3001 by attaching required documents and providing sufficient information constitutes "bad faith" because such failure is a "willful disregard of and a refusal to learn the facts when available and at hand." Id. (citing Citizens Bridge Co. v. Guerra, 152 Tex. 361, 258 S.W.2d 64, 69-70 (1953)). Indeed, several years ago, three bankruptcy judges for the Northern District of Texas issued a joint opinion in In re Armstrong explaining the sort of documentation that a claimant must produce in order to avail its claims of prima facie
Claim No. 10 falls short of compliance with these requirements because it is nothing more than a bare allegation that the Plaintiffs owe some amount of money based on "UNSECURED CHARGEOFF" with respect to an account ending in 6671. [See Finding of Fact No. 3]. It was incumbent on the Defendants to produce sufficient documentation supporting their claim. See In re Armstrong, 320 B.R. at 106. They have not done so, just as they did not do so in In re DePugh.
However, here, the Plaintiffs filed their objection to Claim No. 10 almost sixteen months after the twenty-one day deadline set forth in Local Bankruptcy Rule 3021-1(c). [See Finding of Fact Nos. 3, 4, 6, & 7]. Moreover, the objection was filed approximately five months after the deadline had passed pursuant to the Notice. [Finding of Fact Nos. 6 & 7]. This Court declines to impose sanctions given the significant delay in the Plaintiffs' filing of their objection to Claim No. 10.
Alternatively, even if this Court were to disregard the timing of the filing of the objection in its analysis, the Plaintiffs do not have standing to argue a pattern of behavior by the Defendants in
In the context of standing, there is a "general prohibition on a litigant's raising another person's legal rights." Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984). To invoke this Court's jurisdiction, the Plaintiffs must have a personal stake in the outcome of the controversy, which is satisfied if they have suffered a "distinct and palpable injury"
The United States Supreme Court has held that federal courts possess the inherent power to police the conduct of the attorneys and parties who appear in the federal courts. See Chambers v. NASCO, Inc., 501 U.S. 32, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991). Courts may also use these powers to assess fees against parties who pursue vexatious litigation. Id. However, Fifth Circuit precedent states that a court must use its powers to sanction narrowly to only address a particular misconduct. See Topalian v. Ehrman, 3 F.3d 931, 936 (5th Cir.1993). Furthermore, the Fifth Circuit has defined vexatious litigation as conduct that evidences "bad faith, motive, or reckless disregard of the duty owed to the courts." Edwards v. Gen. Motors Corp., 153 F.3d 242, 246 (5th Cir. 1998). At least one bankruptcy judge in this District, the Honorable Letitia Z. Paul, has characterized vexatious litigation as conduct that leads to increased costs for the opposing party and multiplicity in litigation. In re Rollings, No. 04-31511, 2008 WL 899300 at *9, 2008 Bankr.LEXIS 993 at *25 (Bankr.S.D.Tex. Mar. 31, 2008).
In Rollings, Judge Paul found that the respondents' conduct was vexatious because their continued requests for discovery and filing of baseless motions resulted in increased litigation and costs to the
In the dispute at bar, the Plaintiffs' vexatious litigation claims fails for various reasons. Unlike the debtor in Rollings, who was subjected to extensive litigation costs, the Plaintiffs have not provided evidence of any multiplicity of litigation or costs in their case. [Adv. Docket No. 2]. Instead, virtually all of the Plaintiffs' vexatious litigation claims are founded on the Defendants' conduct
Finally, the Plaintiffs challenge only one claim against the estate: Claim No. 10. The filing of this claim has not led to extensive examinations or any court filings outside of the normal litigation process. Indeed, the Plaintiffs have not provided sufficient evidence to support a finding of multiplicity in litigation or that the Defendants filed Claim No. 10 to increase costs to the Plaintiffs. In sum, the Court concludes that the Plaintiffs have not provided sufficient evidence to support their assertion of vexatious litigation by the Defendants. Accordingly, the relief requested by the Plaintiffs will be denied.
Creditors should not be permitted to deliberately file woefully deficient proofs of claim in the hope that the debtor will not object to their violations of Bankruptcy Rule 3001. See, e.g., In re DePugh, 409 B.R. at 104 (concluding the defendant's "utter disregard for Bankruptcy Rule 3001's requirements when filing its original proofs of claim amounts to bad faith."); In re Gilbreath, 395 B.R. 356, 367 (Bankr. S.D.Tex.2008) (disallowing proofs of claim amendments due to the delayed attempts to amend well after the hearing on the debtor's objections combined with the "blatant disregard for Bankruptcy Rule 3001"); In re Today's Destiny, Inc., No. 05-90080, 2008 WL 5479109, at *5-7 (Bankr.S.D.Tex. Nov. 26, 2008) (distinguishing three proofs of claim categories: (1) allowing proofs of claim that fully complied with Rule 3001, (2) allowing those that substantially complied with 3001, but (3) disallowing those claims that failed to comply with 3001 — i.e. provided no supporting documentation — such that the debtor could not evaluate the validity of the claim); see also Caplan v. B-Line, LLC (In re Kirkland), 572 F.3d 838, 841 (10th Cir.2009) (affirming the disallowance of a claim because the creditor failed to produce a single document to support its claim and failed to explain its failure to attach supporting documentation).
While this Court has already taken the Defendants to task for such failures in a prior case, DePugh, 409 B.R. at 104, it is still incumbent on all debtors (including the Plaintiffs here) to timely file objections to proofs of claim pursuant to the Local Rules and notices sent by the trustee as to which claims he believes are allowed claims that merit payment. Here, the
A decision not to sanction the Defendants or award damages for vexatious litigation, however, does not imply that their conduct has been entirely appropriate. Indeed, this Court is very discouraged by the Defendants' continued failure to attach all documents evidencing that they are the present owners of the debt or, alternatively, to attach an explanation as to why not all of the documents can be attached. That is, after all, what Bankruptcy Rule 3001(c)(1) and the proof of claim form (i.e. Form 10) require. Moreover, this Court is discouraged by the Defendants' failure to provide a breakdown of the interest charges and other fees that comprise the debt figure set forth in Claim No. 10 — information which is now required by Bankruptcy Rule 3001(c)(2)(A). The Court hopes that this Opinion will encourage the Defendants to fully comply with Rule 3001 in the future. The Court also trusts that debtors will timely object to those proofs of claim that they believe fail to comply with Bankruptcy Rule 3001.
A judgment consistent with this Memorandum Opinion will be entered on the docket simultaneously with the entry on the docket of this Memorandum Opinion.
To avoid any confusion, the Court notes that subsequently this local rule was amended so that the deadline for lodging an objection to a filed claim became 21 days after the proof of claim deadline. This version of Local Bankruptcy Rule 3021-1(c) remained in effect until April 12, 2012, at which time this rule was once again amended. The Court wants to emphasize that its ruling in the dispute at bar is based upon the version of Local Rule 3021-1(c) that was in effect in June of 2009.
Despite all of these failings, Claim No. 10 is nevertheless presumptively valid, as this claim became an allowed claim when no objections were filed pursuant to the deadlines set forth in Local Bankruptcy Rule 3021-1(c) and the Notice. [Finding of Fact Nos. 4 & 6]. Therefore, the Plaintiffs have the burden to overcome this presumption.