Adinolfi v. Meyer (In Re Adinolfi)

543 B.R. 612, 2016 WL 232323
CourtUnited States Bankruptcy Appellate Panel for the Ninth Circuit
DecidedJanuary 19, 2016
DocketBAP EC-15-1091-JuFD; Bk. 14-12645
StatusPublished
Cited by12 cases

This text of 543 B.R. 612 (Adinolfi v. Meyer (In Re Adinolfi)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Appellate Panel for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adinolfi v. Meyer (In Re Adinolfi), 543 B.R. 612, 2016 WL 232323 (bap9 2016).

Opinions

OPINION

FARIS, Bankruptcy Judge:

INTRODUCTION

Debtor Nancy Adinolfi appeals from the bankruptcy court’s order denying the confirmation of her chapter 131 plan. A chapter 13 debtor.,.whose, income exceeds the applicable median must devote all of her “projected disposable income” to the payment of her unsecured creditors. The statute excludes “benefits received under the Social Security Act” from “disposable income.” The Debtor argues that Adoption Assistance payments she receives are “benefits received under the Social Security Act,” but the bankruptcy court ruled to the contrary. We hold that the bankruptcy court erred, and therefore we REVERSE.

FACTUAL BACKGROUND

The parties stipulated to most of the facts. The Debtor receives $1,4222 per month in Adoption Assistance payments under the Adoption Assistance and Child Welfare Act of 1980.- That act established a program of federal payments to participating states to provide funds for financial assistance to families adopting special needs children from foster care. 42 U.S.C. §§ 670-76. Pursuant, to this Act, California receives funds from the federal government under Title IV-E of the Social Security Act (“SSA”). Each year, the U.S. Department of Health and Human Services calculates the Federal Medical Assistance Percentage (“FMAP”). The FMAP is used to determine the amount of federal matching funds provided to various subsidy programs, including the Adoption Assistance program. The Adoption Assistance payments are then paid from a pool of federal funds allocated to California to pay individuals who qualify under the California Welfare and Institutions ■ Code §§ 16115 through 16125. Specifically, the money allocated to fund: the Debtor’s Adoption Assistance payments, as well as all other individuals receiving, the same benefits, were comprised of 50% federal funding, 37.5% state funding, and 12.5% county funding. The Debtor’s payments under the Adoption Assistance program are paid directly by Merced County Human Services Agency, not the federal government.

The Debtor filed a chapter 13 petition. She disclosed the Adoption Assistance payments but took the position that those payments were not included in her disposable income.3 She proposed a chapter 13 [614]*614plan with a monthly payment of $935,. which would have paid 0% to unsecured non-priority creditors. .

■ Appellee Michael Meyers, chapter 13 trustee, objected to confirmation of the plan, contending that it was- improper to exclude the Adoption Assistance payments from her income when calculating her plan payments.

The Bankruptcy Court sustained the objection of the Trustee, concluding that the Adoption Assistance payments should have been included in the Debtor’s current monthly income. This timely appeal followed.

JURISDICTION

The bankruptcy court had jurisdiction pursuant to 28 U.S.C. §§ 1334 and 157(b)(2)(A). Denial of confirmation of a chapter 13 plan is an interlocutory order and therefore not ripe for appeal without leave. Bullard v. Blue Hills Bank, — U.S. -, 135 S.Ct. 1686, 1695, 191 L.Ed.2d 621 (2015). On May 20, 2015, a motions panel granted leave to appeal. Therefore, we have jurisdiction under 28 U.S.C. § 158(a)(3).

ISSUE

Whether the bankruptcy court erred when it held that Adoption Assistance payments are not “benefits received under the Social Security Act” within the meaning of § 101(10A)(B).,

STANDARD OF REVIEW

‘We review the bankruptcy court’s findings of fact for clear error; we review its conclusions of law de novo.” Quintana v. Comm’r of Internal Revenue Serv. (In re Quintana), 915 F.2d 513, 515 (9th Cir.1990) (citing Ragsdale v. Haller, 780 F.2d 794, 795 (9th Cir.1986)).

We apply the de novo standard when reviewing, chapter 13 plan confirmation issues requiring the interpretation of a statute. Moen v. Hull (In re Hull), 251 B.R. 726, 730 (9th Cir. BAP 2000) (citing United Cal. Sav. Bank v. Martin (In re Martin), 156 B.R. 47, 49 (9th Cir. BAP 1993)); see In re Quintana, 915 F.2d at 515 (“The interpretation of a federal statute is a question of law reviewed de novo.” (citation omitted)).

DISCUSSION

A. Adoption Assistance payments are “benefits received under the Social Security Act” and covered by the SSA exclusion.,

A bankruptcy court can confirm a chapiter 13 plan only if the plan meets numerous requirements. One of'these is’ § 1325(b)(1), which provides that the court-may not confirm a plan over the objection of the trustee (or an unsecured creditor) unless the plan provides for full payment of all unsecured claims or “the plan provides that all of the debtor’s projected disposable income ... will be applied to make .payments'to unsecured creditors under the plan,”

This section contains a nested set of defined terms. Under § 1325(b)(2), “the term ‘disposable income’ means current monthly income received by the debtor,” subject to an exclusion which we discuss below, less certain expenses! Section 101(10A)(B) defines “current monthly income.” Under that definition, a debtor’s “current monthly income” “excludes benefits received under the Social, Security Act.”

This appeal requires us to construe that exclusion from current monthly income, which we will call the “SSA exclusion.”

[615]*615In doing so, we follow well-established rules of statutory construction. We focus on the language of the statute. Lamie v. U.S. Tr., 540 U.S. 526, 534, 124 S.Ct. 1023, 157 L.Ed.2d 1024 (2004); Friedman v. P+P, LLC (In re Friedman), 466 B.R. 471, 479 (9th Cir. BAP 2012). We give each word its ordinary meaning unless the statute or the context requires otherwise. United States v. Neal, 776 F.3d 645, 652 (9th Cir.2015); Foxgord v. Hischemoeller, 820 F.2d 1030, 1032 (9th Cir.1987). We may refer to dictionary definitions. United States v. Banks, 556 F.3d 967, 978 (9th Cir.2009) (In interpreting statutory words, “dictionary definitions are cognizable.”). We must interpret not only the individual words, but also the provision as a whole along with related provisions. United Sav. Ass’n of Tex. v. Timbers of Inwood Forest Assocs., Ltd., 484 U.S. 365, 371, 108 S.Ct. 626, 98 L.Ed.2d 740 (1988) (“Statutory construction, however, is a holistic endeavor.

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Cite This Page — Counsel Stack

Bluebook (online)
543 B.R. 612, 2016 WL 232323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adinolfi-v-meyer-in-re-adinolfi-bap9-2016.