Burciaga v. Moglia

602 B.R. 675
CourtDistrict Court, E.D. Illinois
DecidedJune 3, 2019
DocketNo. 18 CV 5293
StatusPublished
Cited by2 cases

This text of 602 B.R. 675 (Burciaga v. Moglia) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burciaga v. Moglia, 602 B.R. 675 (illinoised 2019).

Opinion

Manish S. Shah, U.S. District Judge

Debtor-appellant George Burciaga filed for bankruptcy a week after he was laid off. [14] at 7; [15] at 6.1 His former employer still owed him $24,000 in accrued vacation pay, so he listed 85% of that sum as exempt, citing Illinois's protections for unpaid wages. [14] at 7; [15] at 6. See also 735 ILCS 5/12-803. The trustee objected, the bankruptcy court sustained the objection, and Burciaga filed a timely appeal. [14] at 7-8; [15] at 6; [1]; [4-4] at 20-21; Fed. R. Bankr. P. 8002(a)(1).

Decisions involving exemptions are final orders, Matter of Wade , 991 F.2d 402, 406 (7th Cir. 1993), meaning there is jurisdiction over this appeal under 28 U.S.C. § 158(a)(1). See also Matter of Forty-Eight Insulations, Inc. , 115 F.3d 1294, 1299 (7th Cir. 1997) (finality is applied with a "relaxed eye" in the bankruptcy context). The facts are not in dispute, and the review of the bankruptcy court's determinations of law is de novo. In re Smith , 582 F.3d 767, 777 (7th Cir. 2009).

*677When Burciaga filed for bankruptcy, all of his property-"every conceivable" interest that he had at that time, whether "future, nonpossessory, contingent, speculative, [or] derivative," Matter of Yonikus, 996 F.2d 866, 869 (7th Cir. 1993), abrogated on other grounds by Law v. Siegel, 571 U.S. 415, 134 S.Ct. 1188, 188 L.Ed.2d 146 (2014) -became part of an estate, 11 U.S.C. § 541(a)(1), including his accrued vacation pay. See id. ("[a] debtor's contingent interest in future income has consistently been found to be property of the bankruptcy estate").2 See also 11 U.S.C. § 541(b), (c)(2) (certain property, none of which is at issue here, is not included in the estate).

Burciaga then had the right to exempt some of his property from the estate. H.R. Rep. No. 95-595, at 368 (1977) ("[a]fter property comes into the estate, then the debtor is permitted to exempt it under proposed 11 U.S.C 522"). The federal exemption statute ( 11 U.S.C. § 522 ) leaves it to the states to decide what property can be exempted, but only gives them two choices: either make exempt all property falling within twelve pre-selected categories, see 11 U.S.C. § 522(d), or make exempt "any property that is exempt under Federal law, other than [the twelve pre-selected categories listed in 11 U.S.C. § 522(d) ], or state or local law." 11 U.S.C § 522(b)(3)(A) ; Matter of Hunter , 970 F.2d 299, 303 (7th Cir. 1992). Illinois has opted for the latter, 735 Ill. Comp. Stat. Ann. 5/12-1201, and the parties agree that Illinois's exemption scheme applies. See [14] at 12; [15] at 8.

The issue on appeal is whether Burciaga's accrued vacation pay is "exempt under ... state ... law." 11 U.S.C § 522(b)(3)(A). Section 522 does not explain what it means for something to be exempt under state law, see 11 U.S.C. § 522, and the term "exempt" is not included in the Code's general list of definitions, either. See 11 U.S.C. § 101. And since " section 522(b) was a last-minute legislative compromise that left virtually no legislative history," Matter of Geise , 992 F.2d 651, 655 (7th Cir. 1993), the trail goes cold not far beyond the text of the statute itself. As a result, courts of appeals have granted states "great latitude in formulating their own exemptions and in establishing eligibility requirements for these exemptions." Id.

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Related

George Burciaga v. Alex Moglia
944 F.3d 681 (Seventh Circuit, 2019)

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Bluebook (online)
602 B.R. 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burciaga-v-moglia-illinoised-2019.