Cooney and Cooney

Adversary case 17-80148. 64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree)) : Complaint by Rachel Faith Cooney against Bevan T Cooney. Fee Amount $350.

Western District of Michigan (Bankruptcy), miwb-1:2017-ap-80148

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Case: 17 - 80148 - jwb Doc #: 1 Filed: 09 / 26 / 17 Page 1 of 14 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN In re: Bevan T. Cooney, Debtor Case No. 17 - 03016 - jwb Chapter 7 Rachel Faith Cooney, Plaintiff, Adv. Proc. No. Bevan Cooney, Defendant. COMPLAINT GENERAL ALLEGATIONS 1. This adversary proceeding arises under the Bankruptcy Code and / or the Bankruptcy case filed by Defendant / Debtor, and as a result this is a core proceeding. 2. Defendant / Debtor commenced a Chapter 7 Bankruptcy case in the Western District of Michigan, under Case No. 17 - 03016 on June 20, 2017. BREACH OF CONTRACT 3. Defendant / Debtor and Plaintiff were husband and wife, but obtained a Consent Judgment of Divorce through the Circuit Court, in the County of Emmet, State of Michigan, on May 9, 2017. (See attached Consent Judgment of Divorce) It was agreed in the Judgment that Plaintiff, Rachel Faith Cooney, would receive restoration payments from Defendant, Bevan T. Cooney, in the amount of $ 568, 750. 00, of which only $ 159, 998. 20 has been satisfied, with $ 408, 751. 80 plus interest still being owed to Plaintiff. Case: 17 - 80148 - jwb Doc #: 1 Filed: 09 / 26 / 17 Page 2 of 14 5. The sum Plaintiff did receive, as stated above, was the sum of $ 80, 000. 00 regarding the sale of Defendant's interest in Viper Room 55, LLC, and $ 79, 980. 20 of Defendant's interest in the marital home. 6. The Judgment also specifically indicates that the debt owed to Plaintiff by Defendant, as indicated above, would not be dischargeable in Bankruptcy. Defendant, prior to filing this Complaint, disputed the fact that Plaintiff claims she is owed the sum of $ 408, 751. 80, without taking into account any interest and / or costs that have arisen since Defendant failed to pay Plaintiff, on a timely basis, the sums stated within the Judgment of Divorce. 8. The Consent Judgment, on Page 10, indicates that if one party has to enforce it, the other party who failed to abide by the terms of the Judgment, has to pay attorney fees and costs. Plaintiffis seeking enforcement of the Judgment through this Adversary Proceeding, not only for this Honorable Court to confirm that she is owed $ 408, 751. 80 plus statutory interest, but also attorney fees and costs, as permitted under the Consent Judgment of Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter ajudgment in her favor against Defendant, Bevan T. Cooney, granting her the following relief: A. Find that Defendant owes Plaintiff the sum of $ 408, 751. 80, plus statutory interest pursuant to MCLA 600. 6013. B. Require Defendant to pay Plaintiff's attorney fees and costs permitted pursuant to the Consent Judgment of Divorce, since he failed to follow its terms. c. Determine the debt owed to Plaintiff by Defendant is nondischargeable, pursuant to 11U.S. C. § 523 (a) (5) and / or (15) . Case: 17 - 80148 - jwb Doc #: 1 Filed: 09 / 26 / 17 Page 3 of 14 D. Grant Plaintiff any other relief this Honorable Court deems just and / or equitable, pursuant to the legal authority and / or facts. BARRON & ENGSTROM, P. L. C. Dated: September 26, 2017 By: Edvard F. Engstrom Attorney for Plaintiff P. O. Box 309, 309 Petoskey Ave. Charlevoix, MI 49720 Ph: 231 - 547 - 9950 Fx: 231 - 547 - 2977 Email: efengstrom @ barronengstrom. com 3 Case: 17 - 80148 - jwb Doc #: 1 Filed: 09 / 26 / 17 Page 4 of 14 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF EMMET RACHEL FAITH COONEY, Plaintiff, File: No. 16 - 105516 - DM BEVAN COONEY, Defendant. 2017 HAY - 9 P 3: 44 57TH CIRCUIT COURT FLED Travis J. Groat (P66010) Law Offices of Daniel J. Harris, P. C. Attorney for Plaintiff 410 Petoskey Street Petoskey, MI 49770 (231) 347 - 4444 Bevan Cooney Defendant, In Pro Per 114 East Main Street Harbor Springs, MI 49746 (415) 531 - 8345 CONSENT JUDGMENT OF DIVORCE At a session of court held in the courthouse in Petoskey, Michigan, on the oth day of Mey _, 2017. Present: Honorable Charles W. Johnson Circuit Court Judge THIS CAUSE is before the court upon the filing of the complaint by Plaintiff. Defendant filed an answer. Proofs have been presented in court, from which it appears that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. The parties have come to an agreement as to all the issues presented in their divorce: The terms of that agreement were placed on the record and are set forth below. The court has subject matter jurisdiction over this proceeding and personal jurisdiction over the parties. THEREDY CERTIFY THAT THIS ATRUE AND CORRECT COPY OF THE RECORDON FILE IN THE OFFICE OF THE COUNTY CLERK, ELVET COUNTY, MICHIGAN. JUL WALLIN, ENHET COUNTY CLERK Case: 17 - 80148 - jwb Doc #: 1 Filed: 09 / 26 / 17 Page 5 of 14 IT IS ORDERED: DIVORCE The marriage between Rachel Faith Cooney ("Plaintiff ') and Bevan Cooney ("Defendant") is dissolved, and a divorce from the bonds of matrimony between the parties is ordered and adjudged. CUSTODY The Plaintiff Mother shall have sole physical and legal custody of the minor children until they attain the age of 18 years or until further order of the Court. INHERENT RIGHTS OF THE CHILDREN The children shall have the inherent right to the natural affections and love of both parents. Neither parent shall do anything which may estrange the children from the other parent, or tend to discredit cause disrespect, or diminish the natural affection of the children for the other parent. DOMICILE OF THE MINOR CHILDREN That a parent whose custody or parenting time of a child is governed by this order shall not change the legal residence of the child except in compliance with Section 11 of the Child Custody Act of 1970, Public Act 91, MCL 722. 31. That the domicile or residence of the minor children shall not be moved so as to create a distance of more than 100 miles between the addresses of the parties without prior approval of the Court, except as allowed by specific provisions of Public Act 422 of 2000. For purposes of this provision, the addresses of the minor children while with the parties are set forth as follows: Plaintiff / Mother resides at: Until April 1, 2017: RACHEL FAITH COONEY 487 E. Main Street Harbor Springs, Michigan 49740 Case: 17 - 80148 - jwb Doc #: 1 Filed: 09 / 26 / 17 Page 6 of 14 After April 1, 2017: RACHEL FAITH COONEY 649 Locust Street Perrysburg, OH 43551 Defendant / Father resides at: BEVAN COONEY 114 East Main Street Harbor Springs, Michigan 49740 The provision does not apply if the order governing the children's custody grants sole legal custody to one of the children's parents, or, if at the time of the commencement of the action the residences were more than 100 miles apart, or, if the legal residence changes result in the parties ' residences being closer to each other than before the change. [ MCL 722. 31) CHANGE OF ADDRESS The parties hereto are ordered to notify the Office of the Friend of the Court for Emmet County in writing within 21 days after changing addresses and the other parent of any change in their residential address after this date and while any support shall be due under the support provisions of this Order. PARENTING TIME Defendant / Father will have reasonable and liberal parenting time as agreed upon by the parties. Should the parties be unable to reach an agreement on parenting time, Defendant / Father shall enjoy parenting time with the minor children pursuant to the Emmet County Circuit Court Policies (standard policy if the parties are residing within two hours driving time from one another and per the long distance policy if the parties are residing more than two hours but less than five hours from one another) . If the parties are residing more than 5 hours from one another and there is a parenting time disagreement which they cannot resolve, they agree to mediate the issue with the Friend of the Court's Office prior to filing any motions to modify parenting time. Case: 17 - 80148 - jwb Doc #: 1 Filed: 09 / 26 / 17 Page 7 of 14 Neither parent shall exercise parenting time in a foreign country / nation that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction. CHILD SUPPORT Uniform Child Support Order. Child Support shall be pursuant to the attached Uniform Child Support Orders and / or pursuant to the Uniform Child Support Order which will be entered by this Court at a later date. The parties will be opting out of Friend of the Court Services. However, should either party wish to opt back in to Friend of the Court Services the following provisions apply: 2. Continuing duty to notify the Friend of the Court. The parties have placed on file, through their verified statements to the Friend of the Court, their addresses, telephone numbers, Social Security numbers, employers, health insurance information, and occupational and driver's license numbers. b. Health insurance. Pursuant to MCL 552. 605a, cach party shall keep the office of the Friend of the Court informed of any health coverage available to bim or her as a benefit of employment or that is maintained by him or her; the name of the health care insurance company or organization; the policy, certificate, or contract number, and the names and birth dates of the persons for whose benefit he or she maintains health care coverage. C. Residence of the parties and child. The parties must inform the Friend of the Court within 21 days of any change of his or her residence or telephone number while the order for support is operative. The children's custodian must promptly notify the Friend of the Court when a minor child is moved to another address. MCR3. 211 (D) (2); MCL 552. 603 (7) (a) . Case: 17 - 80148 - jwb Doc #: 1 Filed: 09 / 26 / 17 Page 8 of 14 d. Sources of income. Pursuant to MCL 552. 603 (7) (c) and. 605a (1) (a), the parties shall keep the office of the Priend of the Court informed of the names, addresses, and telephone numbers of their current employers and other sources of income as defined in MCL 552. 602. e. Occupational licenses and driver's licenses. Pursuant to MCL 552. 603 (7) (b), (d), the parties shall keep the office of the Friend of the Court informed if they hold an occupational or a driver's license (including a chauffeur's license) and of the driver's license number. LIEN NOTIFICATION Please take notice that liens will be imposed by operation of law and that the payor's real and personal property can be encumbered or seized if any arrearage greater than two month's support payment has accrued. [ MCL 552. 603 (66) ] ARREARAGES Any child support arrearages owing to the State of Michigan, Plaintiff or Defendant after Tent the date of entry of the judgment, whether the artearages arose under a temporary children support order or upder a separate judgment entered under the Family Support Act, MCL 552: 451, et seq. will be preserved If any child support artearages exist when a current support obligation terminates or is reduced for reasons - other than a reduction in the payor's income, there shall be no, automatic reduction in the weekly total payment amount unless ordered by the Court. The amount of the reduction in the current support amount shall be added to the current arrearage payment amount and will automatically become the new artearage payment amount. The total payment autiount Case: 17 - 80148 - jwb Doc #: 1 Filed: 09 / 26 / 17 Page 9 of 14 shall remain in effect until the arrearage has been paid in full or until modified or adjusted by the Court or the Friend of the Court. PROPERTY SETTLEMENT The Property Settlement Agreement, dated October 28, 2016, executed by Plaintiff and Defendant in complete resolution of their respective property rights in this matter, is approved by the Court and will constitute the property settlement between the parties in this matter. The parties. Property Settlement Agreement is adopted