Gilbert Dreyfuss v. Timothy Cory

788 F.3d 1243
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 12, 2015
Docket13-15432
StatusPublished

This text of 788 F.3d 1243 (Gilbert Dreyfuss v. Timothy Cory) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gilbert Dreyfuss v. Timothy Cory, 788 F.3d 1243 (9th Cir. 2015).

Opinions

Opinion by Judge MILAN D. SMITH, Jr.; Concurrence by Judge WALLACE.

OPINION

M. SMITH, Circuit Judge:

In this bankruptcy appeal, we consider whether section 503 of the Bankruptcy Code, 11 U.S.C. § 503(b), requires a chapter 7 trustee to provide notice to creditors, and obtain a hearing, before paying taxes incurred by the estate. The Appellee, a chapter 7 trustee, paid the 2005 federal income taxes of a bankruptcy estate without first providing notice to the Appellant, a creditor of the estate, requesting a hearing to determine the appropriate amount of those taxes, or obtaining an order of the bankruptcy court authorizing the payment of those taxes. The Appellant contends that the bankruptcy court erred by approving the Trustee’s Final Report without holding a hearing to determine the appropriate amount of the 2005 federal income taxes, and without approving the payment of those taxes. The Appellee argues that construing the Bankruptcy Code to require trustees to provide notice and obtain a hearing before paying taxes incurred by the estate would conflict with trustees’ other obligations under the Bankruptcy Code and the Internal Revenue Code.

We hold that the plain language of section 503 requires that notice and a hearing be provided before the payment of taxes as administrative expenses, and that this requirement does not impose inconsistent obligations on trustees under other provisions of the Bankruptcy Code or the Internal Revenue Code. We reverse and remand to the district court for remand to the bankruptcy court with directions that the bankruptcy court determine the amount of 2005 federal income taxes due from the estate, and conduct such other proceedings as may be appropriate.

FACTS AND PROCEDURAL BACKGROUND

The Appellant, Gilbert Dreyfuss, holds an allowed unsecured claim of approximately $1,006,417.68 against the bankruptcy estate of Sheldon Cloobeek. Cloobeck commenced this bankruptcy case by filing a voluntary chapter 11 petition on January 12, 2005. The case was converted to a chapter 7 case on or about October 19, 2005. Following the conversion, the Ap-pellee, Timothy S. Cory (Trustee), was appointed the chapter 7 trustee.

On or about May 13, 2009, the Trustee paid $340,895 of estate funds to the IRS to satisfy the estate’s 2005 federal income tax liability. The Trustee did not give notice, or seek a hearing, before making the 2005 tax payment, nor did the bankruptcy court authorize the payment of 2005 taxes before the Trustee made that payment. Moreover, the Trustee did not notify either the Appellant or the bankruptcy court of the amount of 2005 taxes he ultimately paid before making the payment to the IRS.

On May 9, 2012, the Trustee filed the Final Report with the bankruptcy court. The Appellant filed an opposition to the Final Report on June 13, 2012. In the opposition, the Appellant argued that it was improper for the Trustee to pay the estate’s 2005 federal income taxes without giving notice and requesting a hearing, and asked the bankruptcy court to require the Trustee to reimburse the estate for that payment.

The bankruptcy court held a hearing on the Trustee’s Final Report on July 6, 2012. [1245]*1245At the hearing, the Appellant urged the court to “have a hearing,” and to “determine, as it has the jurisdiction to do, the actual 2005 taxes.” The court declined to hold a hearing regarding the amount of the 2005 taxes. The court found that there was “sufficient evidence to find that the Trustee acted responsibly and reasonably with respect to filing the tax returns of the estate.”

The Appellant filed a notice of appeal, and the Trustee elected to have the appeal heard by the . United States District Court for the District of Nevada. On appeal, the Appellant argued that the bankruptcy court erred by “denying Appellant’s request that [it] hold a hearing to determine whether [the 2005 federal income tax] was actually owing by the bankruptcy estate .... ” The district court affirmed the bankruptcy court’s order approving the Final Report. It concluded that the Appellant’s objection to the payment of 2005 federal income taxes was “severely untimely” because the Appellant “knew of the payment to the IRS back in 2009, but did not file an objection to the payment until the final report in 2012, three years after the payment had been made.” A timely appeal to our court followed.

JURISDICTION AND STANDARD OF REVIEW

The district court had jurisdiction under 28 U.S.C. § 158(a) to hear the appeal from a final order of the bankruptcy court. We have jurisdiction under 28 U.S.C. § 158(d)(1) to hear this appeal from the final decision of the district court.

' We review the district court’s decision on appeal from a bankruptcy court order de novo. Greene v. Savage (In re Greene), 588 F.3d 614, 618 (9th Cir.2009). We review the bankruptcy court’s conclusions of law de novo, and its factual findings for clear error. Id.

DISCUSSION

The Appellant contends that the estate’s 2005 federal income tax liability was an administrative expense, and that the Trustee was therefore required to provide the Appellant with “notice and a hearing” before paying it. We agree.

“In classifying the order of payment for creditors’ claims, the Bankruptcy Code affords the highest level of priority to claims denominated ‘administrative expenses.’ ” Abercrombie v. Hayden Corp. (In re Abercrombie ), 139 F.3d 755, 756 (9th Cir.1998) (citing 11 U.S.C. § 507(a)(1)). Section 503(b)(1) of the Code defines administrative expenses, and enumerates six specific types of claims that qualify for first priority. Id. A tax incurred by the estate is an administrative expense under 11 U.S.C. § 503(b)(1)(B). The parties do not dispute that the estate’s 2005 federal income tax liability was an administrative expense.

Section 503(b) provides that administrative expenses “shall be allowed,” but only “[a]fter notice and a hearing....” Section 503(b)’s plain language appears to establish conclusively that “notice and a hearing” were required before the Trustee could pay the estate’s 2005 federal income tax liability.1

[1246]*1246Notwithstanding section 503’s plain language, the Trustee contends that construing the statute to require that trustees provide notice and obtain a hearing before paying taxes would conflict with trustees’ other obligations under the Bankruptcy Code and the Internal Revenue Code. The Trustee cites the Internal Revenue Code, which provides that “[rjeturns of an estate, a trust, or an estate of an individual under chapter 7 or 11 of Title 11 of the United States Code shall be made by the fiduciary thereof.” 26 U.S.C. § 6012

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Bluebook (online)
788 F.3d 1243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-dreyfuss-v-timothy-cory-ca9-2015.