United States Bankruptcy Appellate Panel of the Eighth Circuit
Submitted: June 27, 2019
from United States Bankruptcy Court for the District of
Nebraska - Omaha
SCHERMER, DOW and SANBERG, Bankruptcy Judges.
SCHERMER, BANKRUPTCY JUDGE
Patrick Raynor (Debtor) appeals the bankruptcy
court's orders: (1) dismissing his adversary
proceeding; and (2) denying his post-dismissal motion. We
have jurisdiction over this appeal from the final orders of
the bankruptcy court. See 28 U.S.C. § 158(b).
For the reasons that follow, we affirm.
issues on appeal are whether the bankruptcy court properly
dismissed the Debtor's adversary proceeding as a
collateral attack on prior rulings, and denied the
Debtor's post-dismissal motion. We hold that since the
Debtor's adversary proceeding attempting to re-litigate
the dischargeability of a 2008 loan obligation was a
collateral attack on prior court orders, the bankruptcy court
2004, the Debtor filed a petition for relief under Chapter
11. The Debtor's Chapter 11 case was converted to a case
under Chapter 7 and the Debtor received his Chapter 7
discharge in 2005.
to the Debtor's filing of his bankruptcy petition, he was
a member of A&G Precision Parts Finance L.L.C. and
A&G Precision Parts L.L.C. The Debtor listed in his
bankruptcy schedules his guaranty of a loan from Five Points
Bank. In 2006, the Debtor signed another guaranty of the Five
Points Bank debt. About two years after the Debtor received
his Chapter 7 discharge, the A&G entities and their
members refinanced the Five Points loan by borrowing funds
from First State Bank (2008 Loan). The Debtor personally
obligated himself on the 2008 Loan.
following the loan, First State Bank filed a lawsuit in
Nebraska state court against the A&G entities and the
Debtor to recover the balance due on the 2008 Loan.
A&G entities, and Dennis Walker, as an individual and as
a member of the A&G entities, then filed an adversary
proceeding (Adversary 1) in the Debtor's bankruptcy case,
alleging the non-dischargeability of debt. Several months
later, the bankruptcy court dismissed Adversary 1.
October 2009, the Debtor filed an adversary proceeding
(Adversary 2) against First State Bank, seeking a declaratory
judgment that his liability on the 2008 Loan was discharged
in his bankruptcy case. In January 2010, the bankruptcy court
granted First State Bank's motion to dismiss Adversary 2,
[T]he facts alleged in the complaint allege only that First
State Bank, a postdischarge lender, is attempting to collect
on a loan co-signed by the debtor. The statutory injunction
against post-discharge collection efforts applies only to
debts that arose before the date of discharge, so it is
inapplicable here. 11 U.S.C. § 524(a)(2). The 2008 loan
agreement with First State Bank was a new and separate
financing transaction. It stands alone. The debtor entered
into that financing arrangement well after receiving his
bankruptcy discharge. The debt is not subject to bankruptcy
laws simply by virtue of the debtor's previous bankruptcy
filing. He took on this debt after his ...