Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Town & Country Jewelers Inc. v. Sheriff

Court of Appeals of Tennessee, Jackson

June 13, 2018

TOWN & COUNTRY JEWELERS INC. ET AL.
v.
ANDREW TIMOTHY SHERIFF ET AL.

          Session April 17, 2018

          Appeal from the Chancery Court for Shelby County No. CH-03-0204-02 Jim Kyle, Chancellor

         Over ten years after entry of a judgment, the judgment creditors filed a motion for scire facias to revive the judgment. The trial court denied the motion based on a determination that expiration of the statute of limitations deprived the court of subject matter jurisdiction. On appeal, the judgment creditors argue that their motion was timely because the debtor revived the debt by agreeing that the debt was nondischargeable in bankruptcy. We conclude that the trial court possessed subject matter jurisdiction but that revival does not apply. So we affirm as modified.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed as Modified

          Geoffrey G. Gaia and R.H. Chockley, Memphis, Tennessee, for the appellants, Town & Country Jewelers, Inc., Linda Rozen, and Doron Rozen.

          G. Chadwick Reeves, Memphis, Tennessee, for the appellee, Andrew Sheriff.

          W. Neal McBrayer, J., delivered the opinion of the court, in which J. Steven Stafford, P.J., W.S., and Brandon O. Gibson, J., joined.

          OPINION

          W. NEAL McBRAYER, JUDGE

         I.

         On January 31, 2003, Town & Country Jewelers, Inc., Linda Rozen, and Doron Rozen (collectively, "Plaintiffs") filed suit against Andrew Sheriff and Jessica Trotter[1]for conversion and fraud in the Chancery Court of Shelby County, Tennessee. On August 11, 2003, the court entered a default judgment against Mr. Sheriff for $519, 357.47. Mr. Sheriff made no payments on the judgment.

         Three years later, Mr. Sheriff filed a petition for relief under Chapter 7 of Title 11 of the United States Code in the United States Bankruptcy Court for the Western District of Tennessee. Mr. Sheriff included the 2003 state court judgment as a debt on his bankruptcy schedules.

         After receiving notice of the bankruptcy filing, Plaintiffs filed an adversary proceeding seeking a determination that the 2003 judgment was a nondischargeable debt. See 11 U.S.C. § 523(a)(2), (a)(4), (c)(1) (Supp. 2016). On May 8, 2008, the bankruptcy court entered a consent order providing that the 2003 state court judgment was nondischargeable and that Mr. Sheriff remained obligated to pay the judgment. Shortly thereafter, the bankruptcy court granted Mr. Sheriff a discharge. See 11 U.S.C. § 727 (Supp. 2016).

         On June 20, 2016, approximately twelve years and ten months after entry of the default judgment, Plaintiffs filed a motion for scire facias to revive the judgment. The chancery court denied Plaintiffs' motion after concluding that expiration of the statute of limitations deprived the court of subject ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.