Burris v. Burris (In re Burris)

• Decision Date: 15 March 2019
• Docket Number: Adv. Pro. 18-01008-SAH,Case No. 17-14813-SAH
• Citation: 598 B.R. 315
• Parties: IN RE: Brandon BURRIS and Tisha Burris, Debtors. Jason Burris, Plaintiff, v. Brandon Burris, Defendant.
• Court: U.S. Bankruptcy Court — Western District of Oklahoma

598 B.R. 315

IN RE: Brandon BURRIS and Tisha Burris, Debtors.

Jason Burris, Plaintiff,

v.Brandon Burris, Defendant.

Case No. 17-14813-SAH

Adv. Pro. 18-01008-SAH

United States Bankruptcy Court, W.D. Oklahoma.

Signed March 15, 2019

Jeffrey E. Tate, Brock Z. Pittman, Christensen Law Group, Oklahoma City, OK, for Plaintiff

Douglas M. Gierhart, Choctaw, OK, for Defendant

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Sarah A. Hall, United States Bankruptcy Judge

On November 29, 2018, the Court conducted a trial on the Amended Complaint (the "Complaint") [Doc. 5] filed on February 26, 2018, by creditor Jason Burris ("J Burris") against debtor and defendant Brandon Burris ("B Burris"), seeking a determination that his debt is nondischargeable. Attorney Jeffrey E. Tate appeared on behalf of J Burris, and attorney Douglas M. Gierhart appeared on behalf of B Burris. As directed by the Court at the conclusion of trial, the parties filed their written closing arguments on December 17, 2018.

JURISDICTION

The Court has jurisdiction to hear this Complaint pursuant to 28 U.S.C. § 1334(b), and venue is proper pursuant to 28 U.S.C. § 1409. Reference to the Court of this matter is proper pursuant to 28 U.S.C. § 157(a), and this is a core proceeding as contemplated by 28 U.S.C. § 157(b)(2)(I). Additionally, the parties consented to this Court's entry of final orders pursuant to Federal Rules of Bankruptcy Procedure 7008 and 7012.

BACKGROUND

The parties to this adversary proceeding – B Burris, an attorney, and J Burris, a non-attorney – are brothers involved in contentious and acrimonious probate litigation that began upon their father's death in early 2009. The parties' father and mother had divorced many years earlier, and subsequently, father failed to completely honor his child support obligations to mother, notwithstanding serving a six-month custodial sentence on the divorce court's contempt order.

Upon father's death, the dysfunctional group of eight siblings apparently divided into two opposing factions: "Team Mom," which included B Burris, and "Team Dad," which included J Burris. Generally speaking, Team Mom believed mother was entitled to back child support from father's estate, and Team Dad denied she had a rightful claim thereto. Although mother ultimately obtained a judgment against father's estate in litigation conducted concurrently with the probate litigation, the legal wrangling between the factions completely drained the estate, leaving no assets to satisfy mother's judgment.

Much of the expensive legal battle involved challenges to the qualification of the parties' sibling – an older brother – who had been appointed to serve as personal representative of the estate under father's will. Early on, the designated personal representative took the position that mother's child support claim would be denied. While J Burris adamantly supported that position, B Burris felt obligated to help his mother obtain what he believed was her due. In early May 2009, B Burris filed a combined objection to appointment of the designated personal representative and motion to appoint a special administrator. B Burris first objected to his brother's appointment as personal representative on the basis of conflict of interest, alleging fraudulent transfers of bank accounts into father's and brother's names as joint tenants. Later, B Burris objected to his brother serving as personal representative on the basis of lack of integrity. Regardless of the stated bases, B Burris underlying motivation for objecting clearly centered on mother's claim against father's estate for back child support.

In early August 2009, J Burris voluntarily entered the fray by filing a "demurrer" to B Burris' objection to the designated personal representative, claiming that B Burris had failed to state a claim. After the probate court rejected the conflict of interest objection, B Burris filed an amended objection to the personal representative on the basis of lack of integrity. Again J Burris voluntarily interposed himself in the probate proceedings, this time by filing a combined "demurrer" and motion to dismiss. In the midst of the ongoing legal melee, B Burris sought to depose J Burris, who incurred attorney fees in connection therewith. Both parties were unaccommodating in the process of scheduling the deposition, but B Burris eventually deposed J Burris in April 2010.

Like the conflict of interest objection, the probate court ultimately overruled B Burris lack of integrity objection in August 2010. In doing so, the probate court commented that there was a lack of compromise and communication by everyone involved, and that both the personal representative and B Burris had acted in "bad faith," but subsequently revised its statement to reflect that both had been "equally uncooperative," and should bear their own fees. However, the probate court permitted J Burris to submit an application for his attorney fees to be paid by B Burris. As a result, in 2011, J Burris obtained a state court judgment against B Burris for attorney fees and monetary sanctions in the amount of $ 29,500 for vexatious litigation. B Burris appealed the judgment, and the appellate court affirmed in 2016.

B Burris and his wife sought chapter 7 bankruptcy protection in 2017, and J Burris filed this adversary proceeding seeking to except the state court attorney fees judgment from discharge pursuant to 11 U.S.C. § 523(a)(6)¹ for willful and malicious injury. The fact of the debt owed by B Burris to J Burris, in the amount $ 37,732.01 as of December 8, 2017, was established when both parties filed motions for summary judgment. But neither party was granted summary judgment in its entirety because the Court concluded there was a genuine issue of fact as to B Burris' intent to cause J Burris injury, a required element of a Section 523(a)(6) claim. See Summary Judgment Order [Doc. 34] (defined below) entered on November 2, 2018. In its Summary Judgment Order, the Court instructed the parties to streamline and tailor their presentation of evidence at trial to specifically focus on the required element of B Burris' intent to injure J Burris.

In making the following Findings of Fact and Conclusions of Law, the Court considered:

a. The Court's Order (i) Granting in Part and Denying in Part Plaintiff's Motion for Summary Judgment with Brief, and with Notice of Opportunity for Hearing [Doc. 21] and (ii) Denying Defendant's Amended Counter-Motion for Summary Judgment with Notice of Opportunity for Hearing [Doc. 33], entered on November 2, 2018 [Doc. 34] (the "Summary Judgment Order");

b. The Final Pre-Trial Order [Doc. 38] (the "Pretrial Order"), entered on November 20, 2018;

c. The trial record, including exhibits introduced by J Burris and admitted by the Court,² and the testimony of the following witnesses:

(i) B Burris;

(ii) J Burris;

(iii) Tisha Burris, wife of B Burris; and

(iv) James W. Dunham, Jr. ("Dunham"), an attorney who represented J Burris in his father's probate proceeding;

d. Closing Argument of Defendant, Brandon Burris filed by B Burris on December 17, 2018 [Doc. 41] ("B Burris Closing Argument"); and

e. Plaintiff's Closing Argument filed by J Burris on December 17, 2018 [Doc. 42] ("J Burris Closing Argument").

FINDINGS OF FACT

(from Summary Judgment Order [Doc. 34] and Final Pretrial Order [Doc. 38] )³

In the Summary Judgment Order, based on the "paucity" of actual findings and conclusions made by the probate court in the attorney fees judgment or otherwise in the record relating thereto, and the absence of any finding or conclusion regarding B Burris' subjective intent, the Court specifically found that "[a]lthough the propriety of Defendant's conduct in the state court action is more than questionable, evidence exists from which the Court can infer that Defendant's motives were, at least in part, to vindicate and protect his Mother and ensure that her judgment against Decedent's estate was paid." Summary Judgment Order [Doc. 34], p. 27.⁴ The facts set forth below were established in the Summary Judgment Order (and expressly adopted by the parties as their stipulated facts in the Pretrial Order).

Probate Proceeding Background

1. Ernest James Burris ("Decedent") died in 2009. (Verified Petition, Exhibit 8, ¶ 1)

2. Dean Burris ("D Burris"), a son, filed a probate action on April 14, 2009, related to Decedent's Will, which appointed him as Executor ("PR"). (Verified Petition, Exhibit 8, ¶ 3, 4)

3. J Burris, also a son, was an heir under the Will. (Verified Petition, Exhibit 8, ¶ 6)

4. B Burris, also a son and an heir, is a licensed attorney admitted to the Oklahoma Bar on September 27, 2007. (Verified Petition, Exhibit 8, ¶ 6; OSCN Docket Sheet, Exhibit 9)

5. B Burris objected to D Burris' appointment as PR contending that he was disqualified by a conflict of interest. (the "PR Objection," Exhibit 10)

6. J Burris filed a Demurrer to the PR Objection. (the "First Demurrer," Exhibit 11)

7. The probate court rejected the conflict of interest claim at an August 18, 2009, hearing (the "Conflict Hearing"). (Conflict Hearing Transcript, Exhibit 12, p. 98 ll. 15-17)

8. At the hearing, B Burris changed arguments to claim that D Burris lacked "integrity" to be PR under Okla. Stat. tit. 58, § 102. (Conflict Hearing Transcript, Exhibit 12, p. 98, ll. 18-23)

9. B Burris was authorized to file an amended PR Objection to pursue the integrity allegation. (Conflict Hearing Transcript, Exhibit 12, p. 12 - 13)

10. At the Conflict Hearing, B Burris requested, and was authorized, to conduct discovery limited to the singular issue of D Burris' integrity. (Conflict Hearing Transcript, Exhibit 12, p. 16, ll. 8-16; p. 30, ll. 15-19)

11. B Burris styled his amended objection as a petition, with seven "Causes of Action" (the "Amended PR Objection"). (Exhibit 13)

12. The Amended PR Objection described, in detail, the family conflict that resulted from Decedent's failed marriage to the parties' mother. (Amended PR Objection, Exhibit 13)

13. B Burris' only...