Crews v. Wright (In re Medlock)

272 B.R. 360, 2001 Bankr. LEXIS 1695
CourtUnited States Bankruptcy Court, M.D. Florida
DecidedNovember 16, 2001
DocketBankruptcy No. 00-09073-3F7; Adversary No. 01-49
StatusPublished

This text of 272 B.R. 360 (Crews v. Wright (In re Medlock)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crews v. Wright (In re Medlock), 272 B.R. 360, 2001 Bankr. LEXIS 1695 (Fla. 2001).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JERRY A. FUNK, Bankruptcy Judge.

This proceeding came before the Court upon the complaint of Gregory K. Crews, the Chapter 7 Trustee of Debtor’s estate, (“Plaintiff’) seeking to recover real property transferred to Barbara Burch Wright, Debtor’s sister, Bobby Burch, Jr., Debtor’s brother, Veronica Burch, Debtor’s sister, Robert and Twilla Burch Parker, Debtor’s sister and brother-in-law, Cynthia McGuire Moore, Debtor’s niece, and Brenda Burch, Debtor’s sister-in-law (collectively “Defendants”) pursuant to 11 U.S.C. §§ 548, 549 and 550. The Court conducted a trial on August 7, 2001.

Debtor’s mother, Murtice Williams Burch (“Mrs. Burch”) testified that in 1985 she learned of the availability of undeveloped real property in Baxley, Georgia for $500.00 per acre. Mrs. Burch testified she contacted her children to inquire whether they wanted to purchase any of the property. According to Mrs. Burch, Debtor and Defendants responded affirmatively. Mrs. Burch testified she purchased one 10-12 acre parcel of property.1 Debtor, [362]*362Defendants, and Mrs. Burch testified the purchase was on behalf of and funded by Debtor and Defendants, each contributing $500.00 per acre for their portion.2 Although Defendants contend that a warranty deed transferring the property to Mrs. Burch was issued, they did not offer it into evidence. Additionally, Defendants did not offer documentary evidence such as receipts or cancelled checks showing that they provided the money to Mrs. Burch to purchase the property on their behalf.

Defendants testified that after the date of the purchase each family member paid his or her portion of the property taxes and other expenses that arose in connection with the property. However, Defendants presented no documentary evidence of any such contributions.

Debtor testified that Mrs. Burch transferred the property to her in 1997. According to Debtor, each year Defendants sent her the money for their proportional share of the property taxes, which she then forwarded to the tax collector. Defendants presented receipts that purportedly represent the payments they made to Debtor for the property taxes. (Defs.’ Ex. 1.) However, Debtor admitted she created the receipts a few months before the trial of this adversary proceeding. Defendants also introduced a check stub for $50 dated October 7, 1996 from Defendant Bobby Burch to Debtor. (Defs.’ Ex. 2.) The purpose of the $50 is not stated on the check.

In lieu of closing argument the Court instructed the parties to submit memoran-da of law, proposed findings of facts and conclusions of law, and proposed judgments. Upon review of the evidence presented and the submissions of the parties, the Court makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

On October 23, 2000 a survey of the property was completed and the property was platted into 1 to 3 acre lots. (Pl.’s Ex. 2.) Between October 30, 2001 and November 2, 2001 Debtor executed warranty deeds of the surveyed property to Defendants as follows: 2 acres to Barbara Burch Wright, 3 acres to Bobby Burch, Jr.,3 1 acre to Veronica Burch, 1 acre to Robert and Twill Burch Parker, 1 acre to Cynthia McGuire Moore, and 1 acre to Brenda Burch. (Pl.’s Ex. 1.) The deeds transferring the real property to Defendants recited the consideration for each tract of land as a “gift.” (Id.)

On November 22, 2000 Debtor filed a petition under Chapter 7 of the Bankruptcy Code. (Doc. 1.) Plaintiff was appointed Chapter 7 Trustee.

On Schedule A of her petition, Debtor indicated she owned a 1/7 interest in 12 undeveloped acres in Baxley, Georgia. On her Statement of Affairs, Debtor indicated she had not transferred any property within one year prior to the filing of the petition.

On December 6, 2000 the warranty deeds were recorded in the Official Records of Appling County, Georgia. (Pl.’s Ex. 1.)

On February 7, 2001, Plaintiff filed this adversary proceeding against Defendants [363]*363seeking relief pursuant to 11 U.S.C. §§ 548, 549 and 550 (2001). Defendants answered the complaint asserting as affirmative defenses that: (i) the real property is not property of Debtor’s bankruptcy estate; and (ii) the real property was owned in a resulting trust with ownership interest in Defendants separately.

CONCLUSIONS OF LAW

At trial the Court concluded that the Trustee proved either a fraudulent transfer pursuant to § 548 or a post-petition transfer pursuant to § 549.

The delivery of a deed conveys title to the grantee. See Jones v. Phillips, 227 Ga.App. 94, 488 S.E.2d 692, 694 (1997). Furthermore, the recording of a deed is prima facie evidence of its delivery. Mays v. Fletcher, 137 Ga. 27, 72 S.E. 408, 409 (1911). Therefore, the transfer of Debt- or’s interest in the real property, the delivery of the deeds, occurred sometime between the date the deeds were executed and the date they were recorded. If Debt- or delivered the deed prior to the filing of the petition, the transfer of the real property is a fraudulent transfer pursuant to § 548. Debtor received nothing in exchange for the conveyance of the real property, clearly less than a reasonably equivalent value. Additionally, it is clear that Debtor was insolvent when she executed the deeds, some 3 weeks prior to the filing of the petition. If the deeds were delivered after the filing of the petition, the transfer of the property was an unauthorized post-petition transfer pursuant to § 549. The only remaining issue is whether the real property transferred was an interest of Debtor in property or property of the estate.

The bankruptcy estate consists of all legal and equitable interests of the Debtor. 11 U.S.C. § 541(a)(l)(2001). Federal law governs what is property of the estate, but state law determines the nature of the Debtor’s property interest. Charles R. Hall Motors, Inc. v. Lewis (In re Lewis), 137 F.3d 1280, 1283 (11th Cir. 1998). Because the real property is located in Georgia, the Court must look to Georgia law to determine the nature of Debtor’s interest.

Defendants argue that the real property is not property of Debtor’s bankruptcy estate because it was held in a purchase money resulting trust for the benefit of Defendants. Plaintiff argues that Defendants’ uncorroborated testimony that they provided Mrs. Burch $500.00 per acre to purchase the property is insufficient to establish a purchase money resulting trust.

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Related

Charles R. Hall Motors, Inc. v. Lewis
137 F.3d 1280 (Eleventh Circuit, 1998)
Burt v. Skrzyniarz
526 S.E.2d 848 (Supreme Court of Georgia, 2000)
Jones v. Phillips
488 S.E.2d 692 (Court of Appeals of Georgia, 1997)
Freeman v. Saxton
255 S.E.2d 28 (Supreme Court of Georgia, 1979)
Ellenberg v. Bouldin (In Re Bouldin)
196 B.R. 202 (N.D. Georgia, 1996)
Mays v. Fletcher
72 S.E. 408 (Supreme Court of Georgia, 1911)

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Bluebook (online)
272 B.R. 360, 2001 Bankr. LEXIS 1695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crews-v-wright-in-re-medlock-flmb-2001.