Danvers-Kidman et al v. Phinney et al

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UNITED STATES BANKRUPTCY COURT
DISTRICT OF MAINE
In re:
Clark Phinney
Debtor
Chapter 7
Case No. 24-10248
Bre Danvers-Kidman
Plaintiff
v.
Clark Phinney
Defendant
Adversary Proceeding
No. 24-01006
ORDER GRANTING PLAINTIFF’S MOTION FOR JOINDER
The operative complaint in this adversary proceeding is the amended complaint filed by
the plaintiff Bre Danvers-Kidman [Dkt. No. 37]. 	That complaint names Clark Phinney (the
debtor in the main bankruptcy case) as the only defendant. 	Through a Motion for Joinder, under
Federal Rule of Civil Procedure 20, the plaintiff now seeks to add Kimberly Phinney as a
defendant [Dkt. No. 48]. 1
As it is, the amended complaint seeks a determination that Mr. Phinney cannot discharge
a debt allegedly owed to the plaintiff. 	Among other relief also being sought, each count
includes a request that this Court liquidate that debt, which stemmed from the plaintiff’s dealings
1 Ms. Phinney was the only defendant named in the original complaint, and she answered that complaint.
In the amended complaint, although extensive factual allegations involving Ms. Phinney remained, she
was not named as a defendant. 	In the motion, the plaintiff does not directly explain the omission of Ms.
Phinney as a defendant, but the Court infers that the omission related to Ms. Phinney having been
dismissed as a debtor in the main bankruptcy case.
Case 24-01006 Doc 51 Filed 02/19/26 Entered 02/19/26 15:54:28 Desc Main
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with both Phinneys in connection with planning the plaintiff’s wedding reception. 	In the
motion, the plaintiff contends that both Phinneys are liable for the debt and that any separate
lawsuit against Ms. Phinney would require determining “nearly all the same questions of law and
fact” that are to be determined in this adversary proceeding against Mr. Phinney.
Rule 20 of the Federal Rules of Civil Procedure provides, in part:
Persons . . . may be joined in one action as defendants if . . . any right to relief is
asserted against them jointly, severally, or in the alternative with respect to or
arising out of the same transaction, occurrence, or series of transactions or
occurrences; and . . . any question of law or fact common to all defendants will arise
in the action.
Fed. R. Civ. P. 20(a)(2); see also Fed. R. Bankr. P. 7020 (applying Rule 20 in adversary
proceedings). 	A fair reading of the amended complaint and motion easily supports adding Ms.
Phinney as a defendant under this rule. 2 	And such an addition is permissible even if the plaintiff
is not seeking as to each of the Phinneys all the relief demanded in the amended complaint. 	See
Fed. R. Civ. P. 20(a)(3).
Thus, the plaintiff’s motion is granted as follows.
1. 	Kimberly Phinney is added as a defendant. 	Going forward, that addition must be
reflected in the caption for filings in this adversary proceeding.
2. 	By March 5, 2026, the plaintiff must (a) serve this Order and the amended complaint
via certified mail on Ms. Phinney and on J. Scott Logan, Esq. (who previously
appeared here as counsel to Ms. Phinney); and (b) file a certificate of such service.
3. 	By April 2, 2026, Ms. Phinney must file and serve an answer or other response to the
amended complaint.
Dated: February 19, 2026
Michael A. Fagone
United States Bankruptcy Judge
District of Maine
2 In response to the motion, Mr. Phinney appears to misapprehend, to some extent, what the plaintiff is
asking to do here. 	The plaintiff is not seeking to add Ms. Phinney as a debtor in the main bankruptcy
case—only as a defendant in this adversary proceeding.
Case 24-01006 Doc 51 Filed 02/19/26 Entered 02/19/26 15:54:28 Desc Main
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