Alt v. United States (In re Alt)

251 B.R. 831, 86 A.F.T.R.2d (RIA) 5108, 2000 U.S. Dist. LEXIS 8115, 2000 WL 1039461
CourtDistrict Court, W.D. Michigan
DecidedMay 19, 2000
DocketBankruptcy No. SG-97-07803; Civ. No. 1:99-CV-603
StatusPublished

This text of 251 B.R. 831 (Alt v. United States (In re Alt)) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alt v. United States (In re Alt), 251 B.R. 831, 86 A.F.T.R.2d (RIA) 5108, 2000 U.S. Dist. LEXIS 8115, 2000 WL 1039461 (W.D. Mich. 2000).

Opinion

OPINION AND ORDER AFFIRMING DECISION OF THE BANKRUPTCY-COURT

MILES, Senior District Judge.

This matter is before the court on the appeal of debtor Nan Beth Alt from a decision of the United States Bankruptcy Court (the Honorable Jo Ann C. Stevenson) dismissing the debtor’s Chapter 13 petition. For the reasons set forth below, the court AFFIRMS the decision of the bankruptcy court.

I

This case arises from a voluntary Chapter 13 bankruptcy petition filed by the debtor-appellant Nan Beth Alt on September 11, 1997. On April 7, 1999, the United States filed a motion to dismiss the petition on the ground that Alt failed to qualify for relief under 11 U.S.C. § 109(e) because (1) she did not have regular income, and (2) on the date of the filing Alt had noncon-tingent, liquidated, unsecured debt in excess of $250,000. The bankruptcy court heard oral argument on the motion on May 20, 1999, ruling, at the conclusion of the hearing, that it would grant the motion. The bankruptcy court issued its written Order of Dismissal on June 16, 1999.

Alt’s appeal is based principally on her argument that the bankruptcy court erred in concluding that her debt exceeded the $250,000 limit for Chapter 13 cases. Alt also argues that the bankruptcy court erred in finding that Alt’s petition was not filed in good faith. Key in the bankruptcy court’s holding were (1) Alt’s failure to schedule a debt owed to the Internal Revenue Service (“IRS”) which far exceeded the dollar limit, and (2) Alt’s giving of deposition testimony which included answers “laughable at best, fraudulent and criminal at worst[.]” Tr. at 13-14.

Alt is a licensed psychiatrist practicing in Grandville, Michigan. She traces the source of her problems to an unfortunate decision to entrust her sister, Karen Alt (“Karen”), with the task of preparing Alt’s taxes. Alt, who describes Karen as “mentally ill,” contends that her family began a series of misadventures involving the IRS in 1981, when Karen graduated from law school. Karen, who was apparently never admitted to practice law, decided upon her graduation to establish a “financial management” business, despite having little knowledge of tax laws. Karen’s main client was her father, Dr. William Alt.

According to Alt, Karen’s “financial management” was a disaster for the family. In April 1990, both William and Karen Alt were indicted by a federal grand jury on five counts of federal tax violations. Although both received convictions, these convictions were overturned on appeal based on the giving of erroneous jury instructions. United States of America v. [833]*833Alt, 996 F.2d 827 (6th Cir.1993). Alt contends that these problems had not yet surfaced at the time she began her psychiatry practice and made the decision to allow Karen to prepare her taxes. She further contends that since 1991, she has hired “licensed professionals” to prepare her taxes.

Although it is unclear precisely when Alt and/or her professional corporation first came to the attention of the IRS, her problems appear to have come to a head in 1996, when, she contends, the IRS “without warning” levied on her professional corporation’s bank account. Brief on Appeal at 4. Fearing that continued levy would “put her out of business,” id., Alt elected to file a Chapter 13 bankruptcy petition. According to Alt, she filed her first petition on February 11, 1997; however, she contends, the Chapter 13 trustee dismissed the case on June 12, 1997, after Alt and her counsel failed to appear at the confirmation hearing.- Tilt states that her counsel filed a motion to reinstate the case, which was denied by the bankruptcy court on August 27,1997.

Meanwhile, on June 30, 1997, the IRS issued a Notice of Deficiency, indicating that it had determined that Alt owed additional taxes and penalties for the years 1986 through 1989 totaling approximately $300,000. When 1 Alt filed the current Chapter 13 proceeding on September 11, 1997, she neglected to list this Notice of Deficiency, and the amounts contained therein, in her schedules filed with the petition. Instead, on her Schedule F— Creditors Holding Unsecured Nonpriority Claims. Alt listed an undated “Assessment” owed to the IRS in the amount of $133,000.

On March 12, 1999, the United States took a Rule 2004 deposition of Alt in order to verify her representation of her financial condition and whether she has regular income. During her deposition, Alt testified, among other things: (1) that she did not know her current address. Alt. Dep. Tr. at 2; (2) that she did not know the telephone number at her residence, id. at 4-5; (3) that she maintained a personal checking account with her sister Gretchen as co-signer, but she did not know at which bank, id. at 15; (4) that' she did not know her sister Gretchen’s street address, id. at 7; (5) that she never had any cash on her person, id. at 16; (6) that she did not know where her checkbook was kept, id. at 17; (7) that she did not know how her professional .corporation received payment for her services, id. at 23; (8) that only three other persons, including her mother Rosalind Alt, her sister Gretchen, and Gretchen’s husband, Matthew, worked for her professional corporation, but with the exception of her mother she did not know what specific services they provide for the corporation, id. at 23-25; (9) that she did not know who hired these individuals, id. at 34; (10) that she did not know whether she had any ownership interest in the professional corporation, id. at 24; and (11) that she did not know how much money she was paid by the professional corporation in 1997, id. at 35. Not long after Alt’s performance at this deposition, the United States filed its motion which resulted in the dismissal of the Chapter 13 proceeding.

II

This court reviews the bankruptcy court’s findings of fact for clear error,. and its conclusions of law de novo. In re Baker & Getty Financial Serv., Inc., 106 F.3d 1255, 1259 (6th Cir.1997). The Sixth Circuit has expressly held that the bankruptcy court’s good faith determination based on the totality of the circumstances is a finding of fact which must be reviewed under the clearly erroneous standard. In re Barrett, 964 F.2d 588, 591 (6th Cir.1992). In its review of the bankruptcy court’s decision, this court may consider any issue presented by the record even if the issue was not presented to the bankruptcy court. Matter of Pizza of Hawaii, Inc., 761 F.2d 1374, 1379 (9th Cir.1985).

Title 11 U.S.C. § 109(e) provides as follows:

Only an individual with regular income that owes, on the date of the filing [834]

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251 B.R. 831, 86 A.F.T.R.2d (RIA) 5108, 2000 U.S. Dist. LEXIS 8115, 2000 WL 1039461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alt-v-united-states-in-re-alt-miwd-2000.