Ebner v. Beatty (In re Beatty)

541 B.R. 428, 2015 Bankr. LEXIS 3484
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedOctober 13, 2015
DocketCase No. 13 B 39206; Adversary No. 14 A 00757
StatusPublished

This text of 541 B.R. 428 (Ebner v. Beatty (In re Beatty)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ebner v. Beatty (In re Beatty), 541 B.R. 428, 2015 Bankr. LEXIS 3484 (Ill. 2015).

Opinion

MEMORANDUM OPINION

Carol A. Doyle, United States Bankruptcy Judge

Deborah Ebner, the trustee in the chapter 7 bankruptcy case of Jacqueline Beat-. ty, filed an adversary proceeding against Jacqueline’s daughters, Elizabeth Beatty and Emily Beatty. The trustee seeks to avoid and recover an allegedly fraudulent transfer of a death benefit that Elizabeth and Emily received from the retirement plan of their father, Judge Joseph Beatty. The trustee filed a motion for summary judgment; Elizabeth and Emily filed a cross-motion for summary judgment. The parties agree that no material facts are disputed. They ask the court to resolve the controlling legal question: whether Jacqueline held an interest in a benefit payable from the Judges’ Retirement System of Illinois based on the judgment entered in their divorce proceeding when no Qualified Illinois Domestic Relations Order (“QILDRO”) was entered, no written consent was signed by Judge Beatty, and no QILDRO or consent form was served on the retirement system. Under a provision of the Illinois Constitution and the Illinois QILDRO' statute, no enforceable interest in the benefit was transferred to Jacqueline so the trustee has no valid claim for a fraudulent transfer of that interest. The court will therefore grant Elizabeth and Emily’s motion for summary judgment and deny the trustee’s motion for summary judgment.

I. Facts and Background

The facts are straightforward and uncontested. Jacqueline was married for many years to Judge Joseph Beatty, who became an Illinois state court judge in 1988. They divorced in 2009. In May 2009, the Circuit Court of Rock Island County, Illinois entered a Judgment of Dissolution of Marriage that dissolved the marriage. In July 2009, a Supplemental Judgment of Dissolution was entered providing for the division of the parties’ assets. The Supplemental Divorce Judgment states that Jacqueline “is awarded the widow’s annuity to the petitioner’s judicial pension, which petitioner has been advised is approximately $63,000.” No other order regarding Jacqueline’s rights in Judge Beatty’s retirement assets was ever entered by the state court.

A number of years before the divorce, Judge Beatty designated Elizabeth and Emily as the beneficiaries of a death benefit payable under his retirement plan. He never changed this beneficiary designation. [431]*431He also never signed any written consent to changing the beneficiary of the death benefit to Jacqueline. No court order of any kind or written consent by Judge Beatty was ever sent by any party to the retirement fund administrator prior to his death. Judge Beatty died on April 14, 2013. Ten days later, an attorney representing his estate sent a letter to the Judges’ Retirement System requesting that the “survivor annuity contribution component” of Judge Beatty’s pension be paid to Elizabeth and Emily. In the letter, the attorney disclosed the terms of the divorce judgment but stated that no QIL-DRO required to transfer an interest in the pension was ever entered so Jacqueline was not entitled to the money. The Judges’ Retirement System agreed and paid the death benefit to Elizabeth and Emily, who each received one-half of the $63,492.61 benefit.

Jacqueline testified in a deposition in this case that she was not represented by an attorney during her divorce proceeding and that she did not participate in any discussion about how the marital assets would be divided. The Judgments of Dissolution confirm that she did not participate in the divorce proceedings. Jacqueline acknowledged that the two judgments were mailed to her. She also testified that she called the Illinois Judges’ Retirement System after Judge Beatty’s death. She was told that she was not entitled to the benefit because the proper documentation had not been filed and that the proceeds would be paid to her daughters. She testified that she took no further action.

Jacqueline was insolvent when the Judges’ Retirement System issued the checks to Elizabeth and Emily. She filed this chapter 7 bankruptcy ease in October 2013, approximately six months after Judge Beatty’s death.

II. Fraudulent Transfer

The trustee filed this adversary proceeding against Elizabeth and Emily alleging that the payments they received from the Judges’ Retirement System were fraudulent transfers under 11 U.S.C. §§ 544, 548(a)(1)(B) and 550. The trustee now seeks summary judgment on her claim under § 548(a)(1)(B), which allows a trustee to avoid a transfer of a debtor’s interest in property made within two years of the bankruptcy petition date if the debt- or received less than a reasonably equivalent value in exchange for the transfer and was insolvent on that date. A plaintiff seeking avoidance of a fraudulent transfer under § 548(a)(1)(B) must prove the following: (1) a transfer of the debtor’s property or interest; (2) made within two years before the bankruptcy petition was filed; (3) for which the debtor received less than a reasonably equivalent value in return; and (4) the debtor was insolvent on the date of the transfer or became insolvent as a result. See In re Kimball Hill, Inc., 2012 WL 5880657, at *5 (Bankr.N.D.Ill. Nov. 19, 2012); In re Grube, 2012 WL 3263905 (Bankr.C.D.Ill. Aug. 9, 2012); In re Randy, 189 B.R. 425, 440 (Bankr. N.D.Ill.1995).

The parties do not dispute that Jacqueline was insolvent when the Judges’ Retirement System paid Elizabeth and Emily the death benefit. Elizabeth and Emily also do not appear to dispute that the payment could potentially fall within the definition of “transfer,” even though Elizabeth and Emily did not receive any assets directly from Jacqueline. A “transfer” for purposes of § 548(b) includes the “direct or indirect, absolute or conditional, voluntary or involuntary, ... disposing of or parting with ... an interest in property.” 11 U.S.C. § 101(54).

The parties do dispute, however, whether Jacqueline ever held any interest [432]*432in the death benefit in the first place. Jacqueline’s right, if any, to the benefit is governed by Illinois law. Raleigh v. Illinois Department of Revenue, 530 U.S. 15, 20, 120 S.Ct. 1951, 147 L.Ed.2d 13 (2000); Butner v. United States, 440 U.S. 48, 55, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979); Peterson v. McGladrey & Pullen, LLP, 676 F.3d 594, 598 (7th Cir.2012); Rameker v. Peterson (In re Assoc. Enterprises, Inc.), 234 B.R. 718, 724 (Bankr.W.D.Wis.1999).

III. Transferring Rights under Illinois Retirement Systems

Judge Beatty served as a state court judge beginning in 1983 and participated in the Judges’ Retirement System of Illinois, which was created by state statute. 40 ILCS 5/18-101 et seq. A “member” who participates in the Judges’ Retirement System has rights created by statute and the Illinois Constitution.

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Bluebook (online)
541 B.R. 428, 2015 Bankr. LEXIS 3484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ebner-v-beatty-in-re-beatty-ilnb-2015.