Boudreaux v. Sheffield (In re Sheffield)

507 B.R. 400
CourtUnited States Bankruptcy Court, S.D. Georgia
DecidedMarch 7, 2014
DocketNo. 13-30076
StatusPublished
Cited by2 cases

This text of 507 B.R. 400 (Boudreaux v. Sheffield (In re Sheffield)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boudreaux v. Sheffield (In re Sheffield), 507 B.R. 400 (Ga. 2014).

Opinion

OPINION AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO DEBTOR’S AMENDED CLAIM OF EXEMPTIONS

EDWARD J. COLEMAN, III, Bankruptcy Judge.

Before the Court is an objection to the debtor’s claim of exemption in an annuity filed by Todd Boudreaux, the chapter 7 trustee {“Trustee”). Trustee’s objection requires the Court to revisit the Supreme Court of Georgia’s opinion in Silliman v. Cassell, 292 Ga. 464, 738 S.E.2d 606, 612 (2013). In Cassell, the Georgia Supreme Court answered certified questions from the United States Court of Appeals for the Eleventh Circuit regarding whether a certain single-premium fixed annuity was an “annuity” within the meaning of Georgia’s exemption statute at O.C.G.A. § 44-13-100(a)(2)(E). The Cassell court held that the National Life Insurance Company annuity was such an annuity, and the court of appeals adopted this answer in Silliman v. Cassell (In re Cassell), 713 F.3d 81 (11th Cir.2013). In this case, the Court must apply the analysis and holding of the Georgia Supreme Court in its Cassell opinion to the Jackson National Life Insurance Company annuity at issue in this case {“Annuity”). This is a core proceeding pursuant to 28 U.S.C. § 157(b), and the Court has jurisdiction pursuant to 28 U.S.C. § 1334. In accordance with Rule 7052 of the Federal Rules of Bankruptcy Procedure, I make the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

A. Procedural History

As originally filed, Debra R. Sheffield’s {“Debtor ”) Schedule C stated that the Annuity was exempt pursuant to § 44-13-100(a)(2.1) of the Official Code of Georgia {“Georgia Code ”).1 (Dckt. 1, at 13.) Trustee filed his first objection to Debtor’s claim of exemption in the Annuity on April 11, 2013. (Dckt. 29.) Trustee’s initial objection was based on the broad assertion that “[u]nless and until the Debtor can produce sufficient documents to establish a right to claim exemptions in the above-listed assets, the Trustee requests the Court deny those claims of exemptions.” (Dckt. 29, ¶ 6.) A hearing on Trustee’s objection was held on July 9, 2013. (Dckt. 55.) No testimony was taken at the hearing, but Trustee advised the Court that if the requested documents proved the Annuity was a rollover into an IRA, he would withdraw his objection. Subsequently, Trustee obtained the contract for the Annuity and filed a Brief in Support of Trustee’s Objection to Claim of Exemptions on August 27, 2013. (Dckt. 56.) On September 5, 2013, Debtor amended her Schedule B and Schedule C. (Dckt. 57.) Debtor’s Amended Schedule C states that the Annuity is exempt pursuant to O.C.G.A. § 44-13-100(a)(2)(E), § 18-4-22, and § 47-2-332. (Dckt. 57, at 4.) Debtor then filed a responsive brief. (Dckt. 58.)

Trustee timely filed an objection to Debtor’s now amended claim of exemptions on September 10, 2013 (Dckt. 60.) The Court held a status conference on [404]*404Trustee’s objection on November 12, 2013. (Dckts. 69, 71.) At the status conference, Trustee indicated his belief that no eviden-tiary hearing was needed and that the parties could stipulate to the material facts.2 (Dckt. 71.) Accordingly, on December 8, 2013, Trustee and Debtor filed their Joint Stipulation of Chapter 7 Trustee and Debtor on Trustee’s Objection to Exemptions (“Joint Stipulation”).3 (Dckt. 72.)

B. Stipulated Facts

Debtor and Trustee stipulated to the following facts. On March 7, 2013, Debtor filed a chapter 7 bankruptcy petition in the Southern District of Georgia. (Joint Stipulation, dckt. 72, ¶ 1.) Trustee was the duly appointed chapter 7 trustee for Debtor’s case. (Id., ¶ 2.) Trustee timely objected to Debtor’s claim of exemptions. (Id., ¶ 3.)

Debtor was born on November 21, 1964 and was 48 years old when she filed her bankruptcy petition. (Id., ¶ 4.) Debtor is an employee of Colony Bank and has worked at that bank for twenty years. (Id., ¶ 5.)

On December 2, 2008, Debtor obtained a Jackson National Life Perspective L. Series Fixed and Varied Annuity (“Annuity,” “Contract,” or “Annuity Contract”). (Id., ¶ 6.) The Annuity was funded by making a single payment. Debtor accumulated the funds used for that payment by making deposits into a traditional Individual Retirement Account (“IRA ”) over a period of years while working for a previous employer. Debtor intended to “roll over” from the IRA the total value of that account ($9,728.72) to fund the purchase of the Annuity within a new, traditional IRA account. (Id., ¶ 7.) Debtor has not contributed any additional funds to the Annuity other than the funds previously held in the IRA. (Id., ¶ 8.) At the petition date, the Annuity had death proceeds and a cash value of about $16,779.66. (Id., ¶ 9.) Debt- or is the sole owner of the Annuity. (Id., ¶ 10.) The Annuity was issued at the time Debtor was 44 years old. (Id., ¶ 11.) The Annuity includes the following terms:

a. Income Date (as defined by the Annuity): December 2, 2054; and
b. Fixed Account Minimum Interest Rate (as defined by the Annuity): 2.00% in the first 10 Contract Years, 3.00% thereafter.

(Id., ¶ 12.) When Debtor purchased the Annuity, she intended it to be a protected retirement account, specifically a traditional IRA. (Id., ¶ 13.)

C. Contract Language

In addition to the stipulated facts above, the Court makes these additional findings of fact based on the Contract itself. Presumably in response to a subpoena sent by Trustee (dckt. 45), Jackson National Life [405]*405Insurance Company produced the Contract entered into between the company and Debtor relating to the Annuity, which was attached to Trustee’s brief as Exhibit “B.”4 (Dckt. 56-2.) The data pages of the Contract include the following statement: “The Contract Options You have selected will be detailed in a confirmation sent to You by the Company on or after the Issue Date.” (Dckt. 56-2, at 8.) This “confirmation” of the Contract’s options is not part of the record. As a result, Debtor’s initial elections are not apparent other than those contained in the data pages of the Contract. However, the Contract provisions reflect Debtor’s ability to freely amend these options. Therefore, the omission of this information is not fatal to Trustee’s objection.

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Cite This Page — Counsel Stack

Bluebook (online)
507 B.R. 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boudreaux-v-sheffield-in-re-sheffield-gasb-2014.