Ava Cannie v. Jacksonville Golf & Country Club Property Owners A, et al
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
- 7 months 1 week ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- 23-11705 (11th Circuit, May 30,2024) Not Published
- Tag(s):
-
- Ruling:
- The Eleventh Circuit affirmed the decision of the bankruptcy court, because the debtor failed in her opening brief to address one of the two alternative holdings of the bankruptcy court. More specifically, since the bankruptcy court’s decision was based on res judicata grounds as one alternative and independent basis, and the debtor did not challenge the res judicata holding in her opening brief, the Eleventh Circuit found the bankruptcy court’s decision “unopposed” and, under its well-settled standard of appellate review, affirmed.
- Procedural context:
- The debtor proceeding pro se sought sanctions against Jacksonville Golf & Country Club Property Owners Association (“JGCC”) for pursuing postpetition fees outside of her bankruptcy proceedings. The bankruptcy court denied the motion under two independent grounds. First, the bankruptcy court held that JGCC's postpetition attorneys’ fees were not discharged because the confirmed plan expressly did not provide for them. Second, “[a]s a separate and independent basis for denial,” the bankruptcy court also held that res judicata barred the debtor’s claim because the bankruptcy court had already specifically overruled the debtor’s objection to JGCC’s claim for postpetition fees. The debtor appealed, and the district court affirmed.
The debtor again appealed to the Eleventh Circuit. In her opening brief, she addressed only the bankruptcy court’s holding on the merits and failed to contest the res judicata holding.
- Facts:
- The debtor filed a voluntary chapter 13 bankruptcy petition. After a couple dismissals and reopenings, Jacksonville Golf & Country Club Property Owners Association (“JGCC”) filed proof of postpetition fees and expenses in the debtor’s case. The debtor objected to the fees, and the bankruptcy court overruled the debtor’s objection. After the debtor completed her chapter 13 plan, the bankruptcy court granted her a discharge. Subsequently, the debtor sought to reopen her case and moved for sanctions because JGCC continued to seek repayment of fees. JGCC argued, among other things, that the court order overruling the debtor’s objection to its claim (and the bankruptcy court’s subsequent, separate order granting relief from the automatic stay) had already ruled that JGCC was entitled to postpetition fees and costs and that the doctrine of res judicata barred the debtor from relitigating the fee collection issue. The bankruptcy court agreed with JGCC and denied the motion.
- Judge(s):
- Newsom, Branch, and Anderson
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
