Brace v. United States, Farmers Home Administration (In Re Brace)

163 B.R. 274, 22 U.C.C. Rep. Serv. 2d (West) 1184, 1994 Bankr. LEXIS 61, 1994 WL 22328
CourtUnited States Bankruptcy Court, W.D. Pennsylvania
DecidedJanuary 25, 1994
Docket19-20362
StatusPublished
Cited by12 cases

This text of 163 B.R. 274 (Brace v. United States, Farmers Home Administration (In Re Brace)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brace v. United States, Farmers Home Administration (In Re Brace), 163 B.R. 274, 22 U.C.C. Rep. Serv. 2d (West) 1184, 1994 Bankr. LEXIS 61, 1994 WL 22328 (Pa. 1994).

Opinion

OPINION 1

WARREN W. BENTZ, Chief Judge.

Introduction

On August 21, 1992 (“Filing Date”), Earl L. Brace and Martha J. Brace (“Debtors”) filed a voluntary Petition under Chapter 12 of the Bankruptcy Code. Before the Court is the Debtors’ Motion for Determination of Secured Status. The Farmers Home Administration (“FmHA”) has filed a Proof of Claim which asserts a secured claim in the amount of $707,195.73. The Debtors assert that FmHA is a creditor in the amount of $650,588.79 and that Meadville Farm Credit, ACA (“Farm Credit”) is a creditor in the amount of $85,385 2 . The Debtors assert that the value of the real estate and equipment upon which the FmHA has a mortgage or security interest is $249,319.31 3 and that the FmHA has a secured claim to that extent and an unsecured claim as to the balance. The Debtors assert that the FmHA’s security interest in equipment does not extend to after-acquired property and is therefore limited to property which the Debtors owned in 1978. The Debtors assert that Farm Credit holds a security interest in the after-acquired property and that Farm Credit’s secured claim is likewise limited to the value of its collateral.

*276 FmHA asserts that the value of its collateral is $419,014.10; that the Debtors incorrectly subtracted costs of sale from the value of the collateral; that the Debtors have incorrectly failed to include the value of crops fed to cattle; and that the Debtors have incorrectly deducted repairs and maintenance expense not specifically associated with maintaining, harvesting and marketing the crops; and that its security interest extends to after-acquired property.

The Debtors further assert that the FmHA’s appraisal of the Debtors’ residence was inappropriate. The FmHA did not base the value upon the use of the residence as a working farm, i.e., the Debtors’ current and prospective use, but rather upon its being used as a residence or “hobby farm” for a professional person. The Debtors assert that value must be based on their current and prospective use.

An evidentiary hearing was held on August 18, 1993, following which the parties filed post-hearing memoranda and additional affidavits. The matter is now ripe for decision.

Summary of Asserted Values

Both the Debtors and the FmHA presented expert testimony on valuation. Each party submitted post-hearing memoranda following the conclusion of the evidentiary hearing. Summarized below are the values which each party asserts was proven:

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*277 Issues

1. Whether valuation of the Debtors’ real estate should be based upon (a) the Debtors’ current and prospective use of the property or (b) the highest and best use of the property?

2. Whether the Debtors may deduct hypothetical costs of sale in arriving at the value of the secured lender’s collateral?

3. Whether the language of the FmHA’s security agreements and financing statements is sufficient to secure an interest in after-acquired property?

4. Whether the FmHA has a lien on titled vehicles where there is no notation of lien on the title?

5. Whether the amount of the FmHA secured claim should include the value of crops used as feed for cattle which are subject to the same lien?

6. Whether the costs incurred by the Debtors for repairs and maintenance of equipment may be deducted from the value of FmHA’s security interest attributable to crops?

7. To what extent are the claims of the FmHA and Farm Credit secured?

Discussion

I. Standard for Valuation

Frances L. Blanchard (“Blanchard”), the expert appraiser who testified on behalf of the FmHA, based his appraisal of the Debtors’ residence and the 92 acres of land on which the Debtors’ residence is located (“Parcel 1”) upon its being used as a residence in the country for a professional person for use as a hobby farm — where a person might be interested in, for example, keeping a few horses for leisure, rather than upon the Debtors’ present use of the property as a working farm. The Debtors’ expert, Raleigh Chesley (“Chesley”), agreed that if Parcel 1 were sold, it would likely be purchased for that purpose.

Blanchard appraised Parcel 1 in 1990 for $140,000. His current appraisal is $20,000 higher based on a change in highest and best use from that of a working farm to its anticipated use as a hobby farm.

The Debtors assert that Blanchard’s standard for evaluating Parcel 1 is inappropriate; that the appraisal of the property must be based upon the Debtors’ current and prospective use of the property.

We are persuaded that the Debtors’ current and prospective use is the correct basis for the appraisal in determining the amount of the lender’s secured claim. 3 Collier on Bankruptcy, ¶ 506.04[2], at 506-27 (15th Ed.1991); In re Anderson, 88 B.R. 877, 885 (Bankr.N.D.Ind.1988); In re Foster, 79 B.R. 906, 908 (Bankr.D.Mont.1987). Parcel 1 should therefore be valued as a full-time farm. This does not mean that Blanchard’s appraisal is to be totally disregarded. In addition to Blanchard’s market approach based on a “hobby farm” use, Blanchard also applied the income and cost approaches to determine value which are not affected by the proposed “hobby farm” use. In considering all of the evidence on value, the ultimate valuation should be based on the fair market value considering the use for which the property is designed and intended. See Speck v. United States, 104 B.R. 1021 (D.S.D.1989).

II. Costs of Sale

The Debtors assert that the value of FmHA’s security interest should be reduced by the hypothetical costs of sale which would be incurred if the property were being sold. The purpose of the valuation in this case is to determine the amount of FmHA’s security interest in order that the Debtors may propose a plan under which they can continue to use the property in their farming operation. Thus, a sale is not contemplated and the hypothetical costs which the Debtors ask the Court to consider will never actually be incurred.

There is a conflict among the Courts which have considered whether the debtor should be able to deduct costs of sale when the debtor contemplates retention and use of the property.

Those which would allow the reduction focus on the first sentence of 11 U.S.C. *278 § 506(a) which provides that the creditor’s claim is secured “to the extent of the value of such creditor’s interest.” See e.g. In re Overholt, 125 B.R. 202 (S.D.Ohio 1990); In re Felten, 95 B.R. 629 (Bankr.N.D.Iowa 1988); In re Claeys, 81 B.R. 985 (Bankr.D.N.D.1987).

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Bluebook (online)
163 B.R. 274, 22 U.C.C. Rep. Serv. 2d (West) 1184, 1994 Bankr. LEXIS 61, 1994 WL 22328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brace-v-united-states-farmers-home-administration-in-re-brace-pawb-1994.