Meeker v. Sirote & Permutt
11-00040
Bankr. S.D. Ala.Jul 6, 2011Background
- Meeker filed a voluntary chapter 13 petition on Oct. 21, 2010; Wells Fargo listed as secured creditor on primary residence.
- Relief-from-stay motion filed Jan. 12, 2011 by Wells Fargo; attached mortgage, note, and account statement.
- Meeker objected Feb. 11, 2011, asserting numerous affirmative defenses and requesting hearings.
- Adversary proceeding filed Apr. 13, 2011, alleging, among others, abuse of process and violation of bankruptcy stay.
- LPS and LPS Default allegedly provided services via Fidelity Network to bankruptcy servicers; plaintiffs claim fees passed through to estates; defendants deny involvement.
- Court initially denied relief from stay conditionally on May 5, 2011; authorized limited post-petition arrearage claim and cure process; no further issues raised at that hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discovery is needed to determine LPS involvement in Meeker’s case | Meeker requires discovery; affidavit lacks complete facts | LPS had no involvement; discovery unnecessary | Motions continued; limited discovery allowed |
| Can summary judgment be granted before limited discovery on LPS involvement is complete | Premature to rule without showing no genuine dispute | Affidavits show no involvement; no material fact dispute | Continued; limited discovery ordered within 60 days |
| Scope of discovery permitted | Discovery should cover LPS/LPS Default’s services | Discovery should be narrowly tailored to Meeker’s case | Discovery limited to whether LPS/LPS Default provided any services related to Meeker’s bankruptcy; other discovery denied |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (Sup. Ct. 1986) (requires genuine disputes to go to trial; court assesses evidence only for genuine issues)
- Celotex Corp. v. Catrett, 477 U.S. 317 (Sup. Ct. 1986) (burden on movant to show absence of a genuine issue of material fact)
- Allen v. Bd. Of Public Educ. for Bibb County, 495 F.3d 1306 (11th Cir. 2007) (summary-judgment standard; light for reversal of jury verdicts? (concise))
- Barfield v. Brierton, 883 F.2d 923 (11th Cir. 1989) (continuance to avoid premature entry of summary judgment)