Opinion

Swimelar v. McGuire

Court
District Court, N.D. New York
Filed
Aug 1, 2023
Cited by
0 cases
Authority
More cited than 26.9%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK

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MARK W. SWIMELAR,

Chapter 13 Trustee,

Appellant,

-v- 3:22-CV-715

DANIEL MCGUIRE and

RITA MCGUIRE,

Appellees.

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APPEARANCES: OF COUNSEL:

MARK W. SWIMELAR, EDWARD J. FINTEL, ESQ.

CHAPTER 12 & 13 TRUSTEE

Attorneys for Appellant

250 South Clinton Street, Suite 203

Syracuse, NY 13202

ORVILLE & MCDONALD LAW, P.C. ZACHARY D. MCDONALD, ESQ.

Attorneys for Appellees

30 Riverside Drive

Binghamton, NY 13905

DAVID N. HURD

United States District Judge

DECISION and ORDER

I. INTRODUCTION

Appellant Mark W. Swimelar (“appellant” or the “trustee”), one of the two

standing chapter 13 trustees covering the Northern District of New York, has

filed this appeal from a Memorandum-Decision & Order issued by Chief

United States Bankruptcy Judge Diane Davis that confirmed a chapter 13

plan proposed by debtor-appellees (and husband and wife) Daniel and Rita

McGuire (collectively “debtors” or “appellees”).

In November of 2020, these debtors filed a joint voluntary petition under

chapter 13 of the Bankruptcy Code. A petition under chapter 13 involves a

whole bunch of disclosures, including a set of “Schedules” in which the debtor

must disclose their assets, liabilities, income, and expenses. On a form called

“Schedule C,” debtors also identified assets they believed to be “exempt”; i.e.,

protected from the bankruptcy trustee. This list of exempt assets included a

“[p]otential inheritance from [debtor wife’s] late brother” worth $10,000.00.

The trustee objected to this claimed exemption. In his view, the possible

$10,000 inheritance was property of the bankruptcy estate that constituted

disposable income for purposes of confirmation: the kind of thing that must

be funded into debtors’ confirmation plan for the benefit of creditors. Because

debtors’ proposed plan did not do so, the trustee argued that confirmation of

their chapter 13 plan should be denied. In opposition, debtors acknowledged

that the inheritance is ordinarily property of the estate and agreed to fund

any amount in excess of $10,000 into the plan as non-exempt proceeds. But

debtors insisted that they had properly claimed the anticipated sum as an

exemption that should not be included in their plan. In fact, according to

debtors, they now believed Ms. McGuire would only receive $6,000 from the

inheritance, rather than the $10,000 they disclosed on their Schedule C.

On June 24, 2022, Chief Judge Davis sided with debtors and overruled the

trustee’s objection to confirmation of the plan. Dkt. No. 2 at 7–30.1 Chief

Judge Davis held that debtors had properly claimed the inheritance as an

exempt pre-petition asset. Id. at 30. Judge Davis further held that the

inheritance was immunized from pre-petition debts and creditors’ claims up

to the value authorized under 11 U.S.C. § 522(d)(5), and that the inheritance

did not constitute disposal income under § 1325(b). Id. However, Judge

Davis ordered debtors to remit any inheritance funds they might receive in

excess of the amounts permitted under §§ 522(d)(5) and 522(l). Id. at 14.

The trustee appealed.

II. LEGAL STANDARD

A federal district court enjoys jurisdiction to entertain appeals from “final

judgments, orders, and decrees” issued by a bankruptcy court sitting in the

1 Pagination corresponds to CM/ECF.

same judicial district. 28 U.S.C. § 158(a). “Generally in bankruptcy appeals,

the district court reviews the bankruptcy court’s factual findings for clear

error and its conclusions of law de novo.” In re Charter Commc’n, Inc., 691

F.3d 476, 482–83 (2d Cir. 2012).

III. DISCUSSION

Appellant argues that Chief Judge Davis erred in overruling his objection

to debtors’ confirmation plan because the anticipated inheritance should have

been accounted for as projected disposable income. Dkt. No. 6 at 7–8. As

appellant explains, most courts hold that exempt property is not excluded

from the disposable income analysis. Id. at 9–13. In the trustee’s view, the

cases on which Chief Judge Davis relied are either readily distinguishable or

based on their own legal error. Id. at 13–19. According to the trustee, the

bankruptcy court’s rationale would lead to absurd results. Id. at 25.

Upon de novo review, the June 24 MDO will be affirmed. An independent

look at the relevant case law seems to confirm what is already set forth in

Chief Judge Davis’s thoughtful written opinion: there is an ongoing split of

authority in this area of the bankruptcy law, with a majority line of cases

that favor the trustee and a minority line of cases that favor the debtors.

The trustee’s brief on appeal acknowledges the existence of this same basic

split of authority. The trustee urges this Court to reverse the June 24 MDO

on the basis that Chief Judge Davis sided with the minority view of this

particular issue. In the trustee’s telling, the minority line of cases (and now

the June 24 MDO) misinterpret the interplay between § 522(c) and § 1325.

The trustee has since submitted supplemental briefing in which he indicates

that other bankruptcy courts have continued to side with the majority view.

But what is missing from the trustee’s argument on appeal is any kind of

clear articulation that either governing Supreme Court precedent or Second

Circuit authority compel the result he seeks to reach. After all, there is no

question that the bankruptcy court applied its own subject matter expertise

to the facts of this case and determined that the minority line of cases on this

question were a better fit under the circumstances.

De novo review is for correcting legal error, not legal disagreement. In

short, the trustee has not “clearly identified the kind of controlling authority

from our own Circuit that might confirm the bankruptcy court committed

legal error, and an independent review of the matter reveals no reason why

this Court should begin second-guessing it.” CFCU Community Credit Union

v. Harrington, 584 B.R. 9, 14 (N.D.N.Y. 2018). Accordingly, the June 24

MDO will be affirmed.

IV. CONCLUSION

As the trustee’s supplemental filings show, the bankruptcy court’s holding

in this case appears to have been appropriately confined to the unusual facts

presented by debtors’ petition. Indeed, the June 24 MDO has yet to lead to

the “absurd” results threatened in his brief on appeal. To the contrary, other

bankruptcy courts in this District have applied the relevant provisions of the

Bankruptcy Code to reach results favored by the trustee. While those cases

sided with the majority view of this issue, the appellant has not established

that the minority view is equivalent to legal error. Accordingly, the June 24

MDO will be affirmed.

Therefore, it is

ORDERED that

1. The June 24, 2022 MDO is AFFIRMED; and

2. Swimelar’s appeal is DISMISSED.

The Clerk of the Court is directed to close the file.

IT IS SO ORDERED.

Dated: August 1, 2023 Os De wt Judge

Utica, New York. |

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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