Briggs v. Johns

591 B.R. 664
CourtDistrict Court, W.D. Louisiana
DecidedSeptember 28, 2018
DocketCIVIL ACTION NO. 17-1080
StatusPublished

This text of 591 B.R. 664 (Briggs v. Johns) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Briggs v. Johns, 591 B.R. 664 (W.D. La. 2018).

Opinion

ELIZABETH ERNY FOOTE, UNITED STATES DISTRICT JUDGE

Before the Court is an appeal filed by Debtor Marlea Adley Briggs ("Briggs") from the Bankruptcy Court's May 15, 2017 order denying confirmation of her first proposed plan and the Bankruptcy Court's August 17, 2017 order overruling her objection and confirming a plan that she opposed. [Record Document 1]. The Trustee, Todd S. Johns ("Trustee"), opposes the appeal and asks this Court to affirm the Bankruptcy Court's orders. [Record Document 9]. For the reasons assigned herein, the orders of the Bankruptcy *667Court [Bankr. Documents 29 and 49]1 are hereby REVERSED , and this matter is REMANDED for further proceedings consistent with this Memorandum Ruling.

BACKGROUND

On December 31, 2016, Briggs filed for Chapter 13 bankruptcy. [Bankr. Document 1]. Briggs lives with her husband, and her income is above the median income for a two-person household in Louisiana. [Bankr. Document 29 at 3, 6]. Briggs's first plan proposed to pay $9,500 to her unsecured creditors. [Id. at 19]. After Briggs resolved several objections to the Trustee's satisfaction, he submitted her plan to the Bankruptcy Court for confirmation. [Record Document 1-2 at 3]. Rather than approve the plan in light of the absence of objections, the Bankruptcy Court set a confirmation hearing. [Bankr. Document 18]. The Bankruptcy Court then denied confirmation on the basis of its sua sponte objection to Briggs's calculation of her disposable income. [Bankr. Document 29]. When calculating her disposable income on Form 122C-2, Briggs deducted $913.00 for mortgage or rent expenses. [Bankr. Document 1 at 56]. This amount is the IRS Local Standard for rent for a two-person household in Bossier Parish, Louisiana. [Bankr. Document 29 at 15]. Reasoning that Briggs could not deduct a rental expense that she did not incur, the Bankruptcy Court held that she was entitled to deduct $438.20 only-the actual amount of her monthly mortgage payments. [Id. at 15-19].

To comply with the Bankruptcy Court's ruling, Briggs filed an amended plan that limited her mortgage deduction to the value of her mortgage payments, thereby increasing the amount that she would pay her unsecured creditors. [Bankr. Documents 37 at 2 and 43]. She then objected to confirmation of this plan. [Bankr. Document 46]. The Bankruptcy Court overruled the objection and confirmed the plan. [Bankr. Document 49]. This appeal followed. [Record Document 1].

JURISDICTION

District courts have appellate jurisdiction over final judgments, orders, and decrees issued by bankruptcy courts. 28 U.S.C. § 158(a)(1) (2012). A confirmation order is a final judgment for purposes of these appeals. Bullard v. Blue Hills Bank , --- U.S. ----, 135 S.Ct. 1686, 1692, 191 L.Ed.2d 621 (2015). Because the Bankruptcy Court confirmed the plan to which Briggs objected, [Record Document 49], this Court has jurisdiction over her appeal.

STANDARD OF REVIEW

In reviewing a decision by a bankruptcy court, a district court functions as an appellate court, applying the same standards of review applied by federal appellate courts. In re Webb (Webb v. Reserve Life Ins. Co. ), 954 F.2d 1102, 1103-04 (5th Cir. 1992). Thus, a bankruptcy court's discretionary decisions are reviewed under an abuse of discretion standard, findings of fact are reviewed for clear error, and legal conclusions are reviewed de novo. In re ASARCO, L.R.C. (ASARCO v. Barclays Capital, Inc. ), 702 F.3d 250, 257 (5th Cir. 2012).

*668OPINION BELOW AND THE PARTIES' ARGUMENTS

A central issue in this case is whether a bankruptcy court has the authority to object sua sponte to a proposed plan's calculation of a Chapter 13 debtor's disposable income. The Supreme Court has noted that the purpose of the disposable income calculation is to "help ensure that debtors who can pay creditors do pay them." Ransom v. FIA Card Servs., N.A. , 562 U.S. 61, 64, 131 S.Ct. 716, 178 L.Ed.2d 603 (2011) (citing H.R. Rep. No. 109-31, pt. 1, at 2 (2005) ). On the basis of this policy and a bankruptcy court's independent duty to assure itself of debtors' good faith, the Bankruptcy Court concluded not only that it could refuse to confirm a plan relying on an incorrect disposable income calculation, but that it must do so. [Bankr. Document 29 at 23-24]. The Bankruptcy Court gave three reasons for reaching this result. [Id. at 23-28]. First, the Bankruptcy Court held that the Supreme Court's decision in United Student Aid Funds, Inc. v. Espinosa , 559 U.S. 260, 130 S.Ct. 1367, 176 L.Ed.2d 158 (2010), stands for the proposition that a bankruptcy court has an "independent duty to review all budgets and Chapter 13 plans." [Bankr. Document 29 at 24]. Second, because confirmed plans bind both debtors and creditors, the Bankruptcy Court asserted that it had a duty to correct errors before confirmation. [Id. at 25]. Relatedly, the Bankruptcy Court pointed out that when it disagrees with the Trustee over the interpretation of the Bankruptcy Code (the "Code"), there is no practical means to resolve this dispute other than sua sponte objections, particularly in light of the tendency of Chapter 13 creditors in this district to limit their involvement to filing proofs of claim. [Id. at 26-27]. The result is to make trustees the "final arbiter[s]" of Chapter 13 plans-a result that in the Bankruptcy Court's view is undesirable because the current trustee in the Western District of Louisiana is relatively inexperienced as a trustee. [Id. ]. Finally, the Bankruptcy Court rejected a limited view of its power that would relegate it to being "simply a confirmation order signing machine." [Id. at 27].

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Related

United Student Aid Funds, Inc. v. Espinosa
559 U.S. 260 (Supreme Court, 2010)
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Ransom v. FIA Card Services, N. A.
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Bluebook (online)
591 B.R. 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briggs-v-johns-lawd-2018.