DocketNumber: No. 98-51720
Citation Numbers: 257 B.R. 119
Judges: Alan, Shiff
Filed Date: 1/9/2001
Status: Precedential
Modified Date: 11/22/2022
ORDER ON OBJECTION TO CLAIM AND ADMINISTRATIVE EXPENSE
Barry Strickland, the administrator of the Estate of Margaret Cappiali (“Claimant”) filed a proof of claim and a request for the payment of an administrative expense for the use and occupancy of a garage and adjacent land located at 36-38 St. Rochs Avenue, Greenwich, Connecticut. Capp Industries, Inc. (“Debtor”) objected to both.
BACKGROUND
The St. Rochs property was the location of the Cappiali family home and a garage /office building (“garage”). John Cappiali lived at that home all of his life. The Cappiali family has also used the St. Rochs property to run family businesses since John Cappiali’s grandfather (“John Sr.”) operated a construction business in the 1920s. In 1988, John Cappiali formed Capp Industries, Inc. which utilized the garage and adjacent land. On John Sr.’s death,
On September 4, 1998, the Debtor commenced this chapter 11 case. On March 27, 2000, the Claimant filed an amended proof of claim in the amount of $290,640 for the use and occupancy of the garage and adjacent land. See Claimant’s Exh. 1. On April 13, 2000, the Claimant filed a request for the payment of a $48,353.50
DISCUSSION
Under Connecticut law, “[a] tenant at sufferance is not obligated to pay rent but only the reasonable rental value
It is apparent that Capp Industries, and then the Debtor, used and occupied the garage and adjacent land until Margaret Cappiali’s death under an arrangement whereby those entities would maintain the property, and no money was charged for rent. See Claimant’s Exh. 5. Plato Eliades then permitted that use after her death. The first suggestion of a change in that arrangement was not until six years later when Plato Eliades’s sent a February 17, 1995 letter to John Cappiali:
I must close out this entire issue as I have allowed you too much time and uncontrolled use of the property. I urge you to provide me immediately with a proper accounting and a bona fide offer of purchase. Otherwise, I shall place the property in the hands of a realtor.
See Claimant’s Exh. 4.
Louis Spizzirro, attorney for the Debtor and John Cappiali, responded in a letter dated March 7,1995:
[Your] letter raises the issue of rent from John Cappiali or Capp Industries for the first time. As you are well aware, Capp Industries Inc. and John Cappiali occupy this property under an arrangement with the estate which allows them to remain on the premises rent free while safeguarding and managing the property of the estate.
See Claimant’s Exh. 5.
Neither Plato Eliades nor the Claimant refuted the existence the arrangement. Indeed, the Claimant admitted that he did not know whether or not there was any such arrangement. Transcript
Under Connecticut law, “the administrator stands in the shoes of the decedent.” Holzmaier, v. Associated Internists of Danbury, 1998 WL 144980, 1 (Conn.Super.1998). Therefore, since Margaret Cappiali, as owner of the property, could have terminated the arrangement and demanded rent from the Debtor, as well as money for its use and occupancy from the date of the demand, so could Plato Eliades, as administrator of her probate estate. As noted, there is no persuasive evidence that he exercised those rights. The Claimant, as successor administrator, had the same rights. If the Claimant had proven
The Claimant testified that in April 1997
Attorney Miltenberger: Did you ever tell Capp Industries that the Estate of Margaret Cappiali did not agree to that arrangement?
Claimant: Yes, I did.
Attorney Miltenberger: And how was that? When did you tell them that? Claimant: Pretty much every time we spoke. That would be in the courtroom in Hopewell, Virginia [probate proceedings] in April ’97, and a couple of times on the telephone we had occasion to talk during 1998. I always maintained that I wanted all rents turned over to me, and I wanted a complete accounting, and that I was not in agreement and unaware of any arrangement that he should stay there rent free to maintain [the] property. Transcript, 15-16.
The Claimant did not offer any evidence of the date he claims he terminated the arrangement other than those vague references. To the contrary, he admitted that he did not formally undertake any efforts to evict the Debtor. Transcript, 86.
John Cappiali denied that the Claimant rejected the arrangement and demanded the payment of monetary rent:
Attorney Charmoy: Did anyone, the estate or anybody else, to your knowledge, ever make a demand for rent from Capp Industries?
Witness: No
Attorney Charmoy: Did anybody ever make a demand for use and occupancy, other than this suit right now for use and occupancy [from] Capp Industries?
Witness: [No]
Transcript at 114.
Accordingly, it is concluded that the Claimant has not satisfied his burden of proving that he terminated the arrangement. But even if he did, his claim for use and occupancy must be disallowed, and his request for payment of an administrative expense must be denied, because there is insufficient persuasive evidence to establish a starting date for that obligation.
Moreover, it is noteworthy that there was insufficient evidence to prove the fair market value of several of the elements of the claim and administrative expense. For example, with respect to the garage, not taking into account the rental value of vehicle storage in the garage,
Regarding the value of the use and occupancy of the garage and adjacent property for the storage of vehicles during the pre-petition and administrative period, the Claimant’s expert testified that a comparable rent in 1998 would be $200.00 per month per vehicle. Transcript at 92-93. The Claimant’s amended proof of claim, Claimant’s Exh. 1, assumed that eight vehicles were stored in the garage space, but he testified that he assumed that only five vehicles were stored. See Transcript, 23. Of more significance, the Claimant offered no evidence of the number of vehicles in the garage and adjacent land at any particular time, and that is fatal to a claim based on dollars per vehicle per month.
Further, as to the right of payment of administrative expense, the Claimant produced no evidence as to whether any vehi
Accordingly, the Claimant’s claim is disallowed, his request for the payment of an administrative expense is denied, and IT SO ORDERED.
. The dale of John Sr.’s death does not appear in the record.
. In his post-trial memorandum, the Claimant decreased the amount claimed for vehicle storage to $112,000.00 based on a revised assumption that the Debtor stored only five vehicles on the property. The Claimant did not file an amended request for administrative expenses.
. Transcript references the August 23, 2000 trial.
. "... the creditor has the ultimate burden of proving its claim by a fair preponderance of the evidence.” In re RBS Industries, 115 B.R. 419, 422 (Bankr.D.Conn.1990), citing In re Central Rubber, 31 B.R. 865, 867 (Bankr. D.Conn.1983).
.The Claimant had been involved with the Margaret Cappiali Estate since 1996 when he represented one of the heirs during the Virginia state court proceedings.
. As noted, the Claimant's proof of claim reaches back to the date of Margaret Cappia-li's death, notwithstanding the fact that the rental arrangement was in effect.
. As noted, supra at 120, the Claimant’s March 27, 2000 amended proof claim was for $290,640. That amount consisted of $111,440 for the fair rental value of the garage and an additional $179,200 for the storage of vehicles in the garage and on adjacent land. See Claimant's Exh. 1; Transcript, 88. On April 13, 2000, the Claimant filed a request for the payment of a $48,353.50 administrative expense for the use and occupancy of the same space. See Claimant’s Exh. 2.