Justia Bankruptcy Opinion Summaries
SALDANA V. BRONITSKY
Jorden Marie Saldana voluntarily filed for Chapter 13 bankruptcy to reorganize her finances and seek relief from unpaid taxes and other unsecured debts. In calculating her disposable income, she excluded her voluntary contributions to employer-managed retirement plans. The Chapter 13 Trustee objected to Saldana’s plan, arguing that these contributions should be included in her disposable income. Saldana filed several amended plans, but the Trustee continued to object, leading to a confirmation hearing.The Bankruptcy Court for the Northern District of California sustained the Trustee’s objection, finding that voluntary retirement contributions are disposable income in a Chapter 13 bankruptcy, based on the Bankruptcy Appellate Panel for the Ninth Circuit’s decision in Parks v. Drummond. Saldana then filed an amended plan excluding only her retirement loan repayments, which the bankruptcy court confirmed. Saldana appealed the confirmation order and the earlier order sustaining the Trustee’s objection to the district court.The United States District Court for the Northern District of California affirmed the bankruptcy court’s decision, agreeing that voluntary retirement contributions are disposable income. Saldana then appealed to the United States Court of Appeals for the Ninth Circuit.The Ninth Circuit reversed the district court’s judgment, holding that voluntary contributions to employer-managed retirement plans do not constitute disposable income in a Chapter 13 bankruptcy. The court concluded that the plain language of 11 U.S.C. § 541(b)(7) allows debtors to exclude any amount of their voluntary retirement contributions from their disposable income calculation. The court found this interpretation consistent with the canons of statutory construction and the conclusions of the majority of bankruptcy courts that have considered this issue. The case was remanded for further proceedings consistent with this opinion. View "SALDANA V. BRONITSKY" on Justia Law
Posted in:
Bankruptcy, US Court of Appeals for the Ninth Circuit
Milk Industry Regulatory Office v. Ruiz Ruiz
A Puerto Rico agency, the Milk Industry Regulatory Office (ORIL), revoked a dairy farmer's license and ordered him to sell his milk production quota rights. When the farmer, Luis Manuel Ruiz Ruiz, failed to comply, ORIL planned to auction the quota rights. Ruiz, who had filed for Chapter 12 bankruptcy in 2015, argued that the auction violated the automatic stay provision of the Bankruptcy Code.The bankruptcy court enjoined ORIL from auctioning the quota without court permission, finding that the planned auction violated the automatic stay. The court granted partial summary judgment to Ruiz, determining that ORIL's actions were not protected by the police power exception. ORIL appealed to the United States District Court for the District of Puerto Rico, which affirmed the bankruptcy court's decision, agreeing that the police power exception did not apply.The United States Court of Appeals for the First Circuit reviewed the case. The court held that ORIL's plan to auction Ruiz's milk quota fell within the police power exception to the automatic stay under 11 U.S.C. § 362(b)(4). The court reasoned that the auction was part of enforcing a judgment obtained in an action to enforce ORIL's regulatory power, which is not a money judgment. The court emphasized that ORIL's actions were aimed at protecting public health and welfare by regulating milk production and distribution, rather than advancing a pecuniary interest.The First Circuit reversed the judgments of the bankruptcy and district courts, directing judgment in favor of ORIL. The court concluded that ORIL's planned auction did not violate the automatic stay and was protected by the police power exception. View "Milk Industry Regulatory Office v. Ruiz Ruiz" on Justia Law
In re: The Hertz Corporation v.
Hertz Corporation and its affiliates filed for Chapter 11 bankruptcy protection in May 2020 due to financial difficulties exacerbated by the COVID-19 pandemic. Despite initial bleak prospects, Hertz's financial situation improved significantly, allowing it to emerge from bankruptcy in June 2021 with a confirmed reorganization plan. This plan proposed to pay off Hertz's pre-petition debt, including unsecured bonds, but only at the federal judgment rate of interest for the bankruptcy period, rather than the higher contract rate. Additionally, Hertz did not pay certain make-whole fees, termed "Applicable Premiums," which were designed to compensate lenders for early repayment.The United States Bankruptcy Court for the District of Delaware initially ruled that the Noteholders were not entitled to the contract rate of interest or the make-whole fees, classifying the latter as disallowed unmatured interest under § 502(b)(2) of the Bankruptcy Code. The Noteholders appealed, arguing that as creditors of a solvent debtor, they were entitled to full payment, including contract rate interest and the Applicable Premiums.The United States Court of Appeals for the Third Circuit reviewed the case. The court held that the Applicable Premiums were indeed disallowed as unmatured interest under § 502(b)(2). However, it also determined that the Noteholders, as creditors of a solvent debtor, were entitled to post-petition interest at the contract rate, not the lower federal judgment rate. The court emphasized that the absolute priority rule, a fundamental principle of bankruptcy law, requires that creditors be paid in full, including contract rate interest, before any distribution to equityholders. Consequently, the court reversed the Bankruptcy Court's decision regarding the post-petition interest rate, affirming the Noteholders' right to contract rate interest and the Applicable Premiums. View "In re: The Hertz Corporation v." on Justia Law
Posted in:
Bankruptcy, US Court of Appeals for the Third Circuit
Jackson v. United States
The case involves William Phillip Jackson, who owes unpaid federal taxes to the United States. Following a jury trial and post-trial proceedings, the United States District Court for the Western District of Missouri entered a judgment against Jackson for $2,396,800.47 and ordered the foreclosure and sale of four properties owned by Jackson and his wife. Jackson filed multiple motions to amend or vacate the sale, which were denied, and his appeals to the Eighth Circuit Court of Appeals were unsuccessful. Jackson then filed for Chapter 13 bankruptcy relief, but the United States proceeded with evictions and seized personal property before being notified of the bankruptcy filing.The United States Bankruptcy Court for the Western District of Missouri heard Jackson's motion for contempt and turnover of property and the United States' motion to lift the automatic stay nunc pro tunc. The bankruptcy court denied Jackson's motion and granted the United States' motion, annulling the automatic stay retroactively to the date of Jackson's bankruptcy filing. Jackson appealed this decision but did not seek a stay of the order pending appeal. While the appeal was pending, the United States sold the properties at auction, and the district court confirmed the sales and approved the disbursement of proceeds.The United States Bankruptcy Appellate Panel for the Eighth Circuit reviewed the case and determined that the appeal was constitutionally moot. The court held that since the properties had been sold and Jackson did not obtain a stay pending appeal, there was no effective relief that could be granted. Consequently, the appeal of the bankruptcy court's order annulling the stay and denying Jackson's motion for contempt and turnover was dismissed for lack of jurisdiction. View "Jackson v. United States" on Justia Law
In re: Gilbert
Eric Gilbert filed for Chapter 7 bankruptcy, listing his interest in retirement accounts worth approximately $1.7 million. The issue was whether these accounts could be accessed by creditors due to alleged violations of federal law governing retirement plans. The Bankruptcy Court ruled that the accounts were protected from creditors, and the District Court affirmed this decision.The Bankruptcy Court dismissed the trustee John McDonnell's complaint, which sought to include the retirement accounts in the bankruptcy estate, arguing that the accounts violated ERISA and the IRC. The court found that the accounts were excluded from the estate under § 541(c)(2) of the Bankruptcy Code, which protects interests in trusts with enforceable anti-alienation provisions under applicable nonbankruptcy law. The District Court upheld this ruling, agreeing that ERISA's anti-alienation provision applied regardless of the alleged violations.The United States Court of Appeals for the Third Circuit reviewed the case and affirmed the lower courts' decisions. The court held that the retirement accounts were excluded from the bankruptcy estate under § 541(c)(2) because ERISA's anti-alienation provision was enforceable, even if the accounts did not comply with ERISA and the IRC. The court also dismissed McDonnell's claims regarding preferential transfers and fraudulent conveyances, as the transactions in question did not involve Gilbert parting with his property. Additionally, the court found no abuse of discretion in the Bankruptcy Court's decisions to dismiss the complaint with prejudice, shorten the time for briefing, and strike certain items from the appellate record. View "In re: Gilbert" on Justia Law
Miller v. Wylie
The case involves debtors Jason and Leah Wylie, who faced financial difficulties in 2018 due to Mr. Wylie's health issues. As they prepared to file for bankruptcy, they delayed filing their 2018 and 2019 tax returns. Their accountant prepared the 2018 returns, showing significant overpayments, which the Wylies elected to apply to their 2019 tax liabilities instead of receiving refunds. This decision was repeated for their 2019 returns, which were filed shortly after they submitted their Chapter 7 bankruptcy petition.The United States Bankruptcy Court for the Eastern District of Michigan found that the Wylies transferred their anticipated 2019 tax refunds with the intent to hinder the trustee and denied them a discharge under 11 U.S.C. § 727(a)(2)(B). However, the court dismissed other counts alleging similar intent for their 2018 tax overpayments and false statements in their bankruptcy filings. The Wylies appealed the decision on Count II to the United States District Court for the Eastern District of Michigan, which reversed the bankruptcy court’s decision, holding that the finding of intent was clearly erroneous.The United States Court of Appeals for the Sixth Circuit reviewed the case and agreed with the district court. The appellate court found that the bankruptcy court’s intent findings were inconsistent and unsupported by the evidence. Specifically, the bankruptcy court had found that the Wylies’ intent in both the 2018 and 2019 tax elections was to ensure their taxes were paid, not to hinder the trustee. The appellate court emphasized that § 727(a)(2) requires specific intent to hinder the trustee, which was not demonstrated in this case. Consequently, the Sixth Circuit affirmed the district court’s decision and remanded the case to the bankruptcy court to enter a discharge for the Wylies. View "Miller v. Wylie" on Justia Law
TooBaRoo, LLC v. Olsen
The case involves Western Robidoux, Inc. (WRI), which filed for Chapter 11 bankruptcy while involved in federal litigation. Attorney Daniel Blegen, initially representing WRI and its controlling family members, moved to Spencer Fane LLP. The Chapter 7 Trustee, Jill Olsen, sought to employ Spencer Fane as special counsel for ongoing appeals in the federal litigation. Appellants TooBaRoo, LLC and InfoDeli, LLC, controlled by Breht Burri, opposed this, citing potential conflicts of interest and disproportionate legal fees.The United States Bankruptcy Court for the Western District of Missouri approved the employment of Spencer Fane as special counsel, finding no actual conflicts of interest and emphasizing procedural safeguards for potential future conflicts. The court noted Spencer Fane's expertise and cost-effectiveness. Appellants appealed this decision, arguing that the employment order was improper due to adverse interests and fee concerns.The United States Bankruptcy Appellate Panel for the Eighth Circuit reviewed the appeal. The panel first examined its jurisdiction, determining whether the bankruptcy court's order was final under 28 U.S.C. § 158(a)(1) or reviewable under 28 U.S.C. § 158(a)(3). The panel concluded that the order was not final, as the bankruptcy court retained ongoing responsibilities regarding Spencer Fane's employment and fee applications. Additionally, the panel found that delaying review would not prevent effective relief for the appellants, and a later reversal would not necessitate recommencement of the entire proceeding.The panel also declined to treat the appeal as an interlocutory appeal under 28 U.S.C. § 158(a)(3), agreeing with both parties that the criteria for such review were not met. Consequently, the appeal was dismissed for lack of jurisdiction. View "TooBaRoo, LLC v. Olsen" on Justia Law
ROSE COURT, LLC V. SELECT PORTFOLIO SERVICING, INC.
Rose Court, LLC's predecessor defaulted on a mortgage loan secured by real property. Rose Court filed and voluntarily dismissed multiple lawsuits in state and federal courts challenging the lender's foreclosure efforts. After the foreclosure sale, Rose Court initiated an adversary proceeding in bankruptcy court against U.S. Bank, Select Portfolio Servicing, Inc. (SPS), and Quality Loan Service Corporation (Quality), alleging fraudulent transfer of the property.The bankruptcy court dismissed Rose Court's claims and denied its motion to amend the complaint to assert a fraud-based wrongful-foreclosure claim, citing the two-dismissal rule under Federal Rule of Civil Procedure 41(a)(1)(B). This rule applies when a plaintiff voluntarily dismisses the same claim twice, making any subsequent dismissal an adjudication on the merits. The court found that Rose Court had previously dismissed similar claims in state and federal court actions.The United States District Court for the Northern District of California affirmed the bankruptcy court's decision. Rose Court then appealed to the United States Court of Appeals for the Ninth Circuit, challenging the denial of leave to amend.The Ninth Circuit affirmed the district court's order. The court held that the two-dismissal rule barred Rose Court from asserting the same fraud-based wrongful-foreclosure claim for a third time. The court adopted a transactional approach, determining that a subsequent claim is the same as a previously dismissed claim if it arises from the same set of facts. The court also declined to address Rose Court's new argument, raised for the first time on appeal, that it should be allowed to amend to assert a new wrongful-foreclosure claim based on interference with its right to reinstate the loan. View "ROSE COURT, LLC V. SELECT PORTFOLIO SERVICING, INC." on Justia Law
Parrott v. Neway
Joseph and Jo-Lynn Jenkins Parrott filed for Chapter 13 bankruptcy in 2018, committing to a payment plan. After several amendments to their plan, the bankruptcy trustee moved to dismiss the case due to missed payments. The bankruptcy court ordered the Parrotts to catch up on payments or face dismissal. Despite extensions, the Parrotts failed to comply, leading to a dismissal order on January 29, 2020, effective February 13, 2020. The Parrotts filed a pro se notice of appeal on February 5, 2020, which was struck for lacking their attorney’s signature. They filed a second notice on February 18, 2020, after their attorney withdrew.The United States District Court for the Middle District of Florida dismissed the Parrotts' appeal, ruling it untimely and citing their failure to comply with procedural rules. The court noted the Parrotts' noncompliance with local rules and their inadequate response to an order to show cause regarding jurisdiction. The district court concluded it lacked jurisdiction and, alternatively, dismissed the case as a sanction for procedural noncompliance.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It held that the Parrotts' initial notice of appeal, though defective, was timely and that the second notice cured the defect, thus conferring jurisdiction on the district court. The appellate court also found that the district court abused its discretion by dismissing the case as a sanction, noting that dismissal is a last resort and should only be used in extreme circumstances, which were not present here. The Eleventh Circuit vacated the district court's dismissal and remanded the case for consideration on the merits. View "Parrott v. Neway" on Justia Law
Stevenson v. HSBC Bank USA
Debra Stevenson and Eugene Smith co-own a property for which Stevenson initially took out a loan from Wells Fargo. After defaulting, she refinanced with Fremont Investment & Loan, which paid off the Wells Fargo loan. Stevenson defaulted again and filed for bankruptcy. HSBC Bank, as Fremont's successor, sought to enforce its interest in the property through equitable subrogation, claiming the right to stand in Wells Fargo's position.In bankruptcy court, HSBC was found to be the holder of the note and entitled to equitable subrogation for the amount used to pay off the Wells Fargo loan. The federal district court adopted this decision, and the D.C. Circuit affirmed, holding that HSBC could enforce its interest despite Fremont's knowledge of Smith's co-ownership and refusal to sign the loan documents.The District of Columbia Court of Appeals reviewed the Superior Court's grant of summary judgment to HSBC. The court held that Stevenson and Smith were collaterally estopped from relitigating issues decided in federal court, including HSBC's standing and entitlement to equitable subrogation. The court also rejected their Truth in Lending Act (TILA) rescission argument, as it had been previously litigated and decided against them. The court affirmed the Superior Court's ruling, finding no genuine issues of material fact and that HSBC was entitled to judgment as a matter of law. View "Stevenson v. HSBC Bank USA" on Justia Law