Briggs v. Johns

591 B.R. 664
District Court, W.D. Louisiana·Decided September 28, 2018·No. CIVIL ACTION NO. 17-1080·Published

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

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