Dona Ana Savings & Loan Ass'n v. Dofflemeyer

855 P.2d 1054, 115 N.M. 590
CourtNew Mexico Supreme Court
DecidedJune 22, 1993
Docket20561
StatusPublished
Cited by25 cases

This text of 855 P.2d 1054 (Dona Ana Savings & Loan Ass'n v. Dofflemeyer) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dona Ana Savings & Loan Ass'n v. Dofflemeyer, 855 P.2d 1054, 115 N.M. 590 (N.M. 1993).

Opinions

OPINION

FROST, Justice.

This matter comes before us on appeal from an order granting summary judgment in favor of the defendants/appellees and against the plaintiff/appellant Dona Ana Savings & Loan Association (“DASL”). DASL held deficiency judgments against James Dofflemeyer, and it attempted to execute on the judgments by garnishing his funds in two annuities. In the district court, Dofflemeyer claimed that the annuity funds were exempt from attachment under NMSA 1978, Sections 42-10-2 and -3 (Cum.Supp.1992). The district court found that the funds were exempt and dismissed DASL’s writ of garnishment. DASL appeals, and we reverse and remand with instructions.

FACTS

In the return of DASL’s initial writ of execution, Dofflemeyer attached a Claim of Exemptions form listing a certificate of deposit in the amount of $54,000.00. Before DASL could garnish this asset, however, Dofflemeyer liquidated it and used the proceeds to purchase one of his two annuities. In addition, he sold certain real estate to his sister and used the proceeds to purchase the other annuity. The record shows that Dofflemeyer purchased the annuities in contemplation of bankruptcy and in furtherance of his need for an immediate source of monthly income. He listed his sister, who was also his business partner, as beneficiary under both annuities.

ISSUES

While he expressed concern about whether Dofflemeyer’s claim of exemption on the annuities was legitimate, the trial judge found that the clear language and plain meaning of the statutes compelled him to allow the exemptions and to dismiss DASL’s writ of garnishment with regard to the two annuities. On appeal, DASL claims that the annuities are not exempt from garnishment under Sections 42-10-2 and -3. DASL argues that the district court erred by not going beyond the face of the statutes to construe their purpose. A strict or literal reading of the statute, according to DASL, defeats the intended object of the legislation and operates an injustice. DASL claims that going beyond a cursory review of the statute, it is apparent that the statutes do not allow a debtor to shield funds from creditors on the eve of execution.

Dofflemeyer, on the other hand, claims that he simply was providing himself with retirement funds as a self-employed person, which is proper under the statutes. According to Dofflemeyer, the statutes clearly provide exemptions for annuities and retirement funds, and thus it is unnecessary to look beyond the plain meaning of the statute.

In addition to the annuities, DASL notes that it filed a writ of garnishment against monies owed to Dofflemeyer by a third party to which he also claimed exemption. While pointing this out, however, DASL does not allege any error in this claimed exemption, nor does it request any relief as to this claim by Dofflemeyer. In addition, the district court did not address this issue in its decision to allow the exemptions. Accordingly, we will consider only the issue of whether the annuity funds are exempt under Sections 42-10-2 and -3.

DISCUSSION

Section 42-10-2 states that:

any interest in or proceeds from a pension or retirement fund of every person supporting only himself is exempt from ... attachment, execution or foreclosure by a judgment creditor.

NMSA 1978, § 42-10-2 (Cum.Supp.1992). Section 42-10-3 states:

The cash surrender value of any life insurance policy, the withdrawal value of any optional settlement, annuity contract or deposit with any life insurance company, all weekly, monthly, quarterly, semiannual or annual annuities, indemnities or payments of every kind from any life, accident or health insurance policy, annuity contract or deposit heretofore or hereafter issued upon the life of a citizen or resident of the state of New Mexico, or made by any such insurance company with such citizen, upon whatever form and whether the insured or the person protected thereby has the right to change the beneficiary therein or not, shall in no case be liable to attachment, garnishment or legal process in favor of any creditor of the person whose life is so insured or who is protected by said contract, or who receives or is to receive the benefit thereof, nor shall it be subject in any other manner to the debts of the person whose life is so insured, or who is protected by said contract or who receives or is to receive the benefit thereof, unless such policy, contract or deposit be taken out, made or assigned in writing for the benefit of such creditor.

Section 42-10-3. In this case, DASL claims that Dofflemeyer essentially transmuted one form of nonexempt funds into another form of nonexempt funds, or that he fraudulently converted nonexempt funds into exempt funds. Dofflemeyer asserts that the district court found that there was no evidence of abuse or fraud on his part and that the plain meaning of the statutes allows for the exemptions.

In interpreting a statute, a court not only looks to the plain meaning of the language employed, but also to the object of the legislation. See Miller v. New Mexico Dep’t of Transp., 106 N.M. 253, 254, 741 P.2d 1374, 1375 (1987); see also D'Avignon v. Graham, 113 N.M. 129, 131, 823 P.2d 929, 931 (Ct.App.1991) (noting that formalistic and mechanistic interpretations of statutes have been rejected). Our interpretation of statutes must be consistent with legislative intent, and our construction must not render a statute’s application absurd, unreasonable, or unjust. City of Las Cruces v. Garcia, 102 N.M. 25, 26-27, 690 P.2d 1019, 1020-21 (1984).

We hold that the object of the exemption statutes quoted above is to allow for exemptions in certain funds, but that it does not allow a debtor to find shelter in these statutes by perpetrating a fraud upon his or her creditors. On their face, the statutes allow for unlimited exemptions for life insurance, annuities, and pension and retirement funds. At least one judge, however, has noted the potential for abuse of the legitimate exemptions under the statutes. See In re Zouhar, 10 B.R. 154, 157 (Bankr.D.N.M.1981). The legislature did not intend “that these generous provisions should be prostituted to the encouragement of extravagance, and the evasion of just indebtedness____” New Mexico Nat’l Bank v. Brooks, 9 N.M. 113, 129, 49 P. 947, 952 (1897). We believe, and the record shows, that DASL presented evidence that demonstrates the possibility of abuse and which at least escapes dismissal on summary judgment. See SCRA 1986, 1-056 (Repl.Pamp.1992); Koenig v. Perez, 104 N.M. 664, 665, 726 P.2d 341, 342 (1986) (summary judgment is proper only if there is no genuine issue of material fact and moving party is entitled to judgment as a matter of law).

To determine whether a debtor fraudulently converted nonexempt assets into exempt assets, we turn to the Uniform Fraudulent Transfer Act. See NMSA 1978, §§ 56-10-14 to -25 (Cum.Supp.1992). The Uniform Fraudulent Transfer Act is a revision of the Uniform Fraudulent Conveyance Act1

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Bushey
559 B.R. 766 (D. New Mexico, 2016)
In re Tarkanian
562 B.R. 424 (D. Nevada, 2014)
Martinez v. Vigil-Martinez
New Mexico Court of Appeals, 2013
Durham v. Gordon
255 P.3d 361 (New Mexico Court of Appeals, 2011)
Gordon v. Gordon
2011 NMCA 44 (New Mexico Court of Appeals, 2011)
In re Hamilton
461 B.R. 878 (D. New Mexico, 2011)
In Re Channon
424 B.R. 895 (D. New Mexico, 2010)
Garcia v. Underwriters at Lloyd's London
2007 NMCA 042 (New Mexico Court of Appeals, 2007)
In Re Portal
2002 NMSC 011 (New Mexico Supreme Court, 2002)
Royal v. Baker (In re Baker)
273 B.R. 892 (D. Wyoming, 2002)
Alexander v. Anderson
1999 NMCA 021 (New Mexico Court of Appeals, 1999)
Cawyer v. Continental Express Trucking
1997 NMCA 008 (New Mexico Court of Appeals, 1996)
Alverson v. Harris
1997 NMCA 024 (New Mexico Court of Appeals, 1996)
Garnsey v. Concrete Inc. of Hobbs
922 P.2d 577 (New Mexico Court of Appeals, 1996)
Espinosa v. Roswell Tower, Inc.
910 P.2d 940 (New Mexico Court of Appeals, 1995)
Levario v. Ysidro Villareal Labor Agency
906 P.2d 266 (New Mexico Court of Appeals, 1995)
Mazer v. Jones (In Re Jones)
184 B.R. 377 (D. New Mexico, 1995)
Zwaagstra v. Board of County Commissioners
894 P.2d 1031 (New Mexico Court of Appeals, 1995)
State v. GLEN SLAUGHTER & ASSOCIATES
889 P.2d 254 (New Mexico Court of Appeals, 1994)
Yates v. Phelps Dodge Corp.
879 P.2d 799 (New Mexico Court of Appeals, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
855 P.2d 1054, 115 N.M. 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dona-ana-savings-loan-assn-v-dofflemeyer-nm-1993.