Henshaw v. Field

485 B.R. 412, 2013 WL 253978, 2013 U.S. Dist. LEXIS 8486
CourtDistrict Court, D. Hawaii
DecidedJanuary 22, 2013
DocketCivil No. 12-00513 JMS/BMK
StatusPublished
Cited by6 cases

This text of 485 B.R. 412 (Henshaw v. Field) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henshaw v. Field, 485 B.R. 412, 2013 WL 253978, 2013 U.S. Dist. LEXIS 8486 (D. Haw. 2013).

Opinion

ORDER AFFIRMING BANKRUPTCY COURT’S AUGUST 23, 2012 JUDGMENT VESTING TITLE TO REAL PROPERTY (TMK 3-7-6-007-019, C.P.R. Nos. 0001 AND 0002) IN DEBTORS AND DEFENDANTS AS JOINT TENANTS

J. MICHAEL SEABRIGHT, District Judge.

I. INTRODUCTION

Appellants Philip Dylan Henshaw and Kimberly Henshaw (“Appellants”) appeal the “Judgement [sic] Vesting Title to Real Property (TMK 3-7-6-007-019, C.P.R. Nos. 0001 and 0002) in Debtors and Defendants as Joint Tenants,” which rendered a final decision on the merits in accordance with the bankruptcy court’s July 27, 2012 summary judgment determination in favor of Trustee Dane S. Field (“Trustee”). The bankruptcy court determined that Debtors Michael Dylan Henshaw and Kimberly Henshaw (“Debtors”) held in joint tenancy with Michael Henshaw’s parents, Appellants, real properties known as Units A and B of “The Power Farm” condominium project located at 76-971, Hualalai Road, Kailua-Kona, Hawaii 96740 (the “subject properties”). The bankruptcy court further determined that Debtors’ subsequent transfer of their interest in the subject properties to Appellants was fraudulent where they did not receive reasonably equivalent value for the transfer.

Appellants argue that summary judgment was granted in error because, among other reasons, Debtors did not significantly contribute to the purchase of the subject properties such that Appellants were the true equitable owners, and consideration was given for Debtors’ transfer of their interest to Appellants. Based on the following, the court AFFIRMS the bankruptcy court’s decision.

II. BACKGROUND

A. Factual Background

Appellants are the parents of the Debtor Michael Dylan Henshaw, who is married to Debtor Kimberly Henshaw. On or about June 22, 2007, Appellants and Debtors purchased the subject properties for $680,000, with title vested in Appellants and Debtors as joint tenants. Doc. No. 5-1, Appellants’ Appendix (“AA”) Ex. 1 at ECF Pages 11-12 of 88 (Deed); Doc. No. 5-2, AA Ex. 6 at ECF Page 40 of 115 (Trustee Concise Statement of Facts (“CSF”) ¶ 1);1 Id. at ECF Pages 65-66 of 115 (Philip Henshaw Decl. ¶ 2).

According to Philip Henshaw, although the deed vested title in Appellants and Debtors as joint tenants, he “paid essentially the entire purchase price, providing $595,149.20 by refinancing my home in San Diego and $83,000 from funds obtained [415]*415from my retirement accounts.” Doc. No. 5-2, AA Ex. 6 at ECF Page 66 of 115 (Philip Henshaw Decl. ¶ 3).2 In comparison, Debtors contributed only $6,970.20 towards escrow costs. Id. ¶4. Philip Hen-shaw explains that Debtors took title as joint tenants “solely for estate planning purposes, not as an indication of equal equitable ownership.” Id. ¶ 5.

Philip Henshaw further asserts that the long-term plan was for Debtors to eventually purchase the subject properties from Appellants for the full purchase price. Id. ¶ 6. In the meantime, however, they agreed that Debtors would pay Appellants $2,300 per month as rent and Philip Hen-shaw would “take all the tax benefits,” including the mortgage interest deduction and depreciation, as well as reporting the income from rents. Id. ¶ 7. Shortly after the July 2007 purchase, Debtors fell behind in their rent payments. Id. ¶ 8.

On or about December 26, 2007, Appellants and Debtors jointly took out a mortgage on Unit A of the subject properties to secure a revolving line of credit in the amount of $54,000. Doc. No. 5-2, AA Ex. 6 at ECF Page 41 of 115 (Trustee CSF ¶2).

On September 17, 2009, Thomas E. Shockley and Lisa Choquette filed a complaint in the Circuit Court of the Third Circuit of the State of Hawaii, Civ. No. 09-01387K, alleging that Debtors owed them $462,052.67 under a Stock Purchase Agreement, Promissory Note, and Security Agreement, all of which were executed in connection with the Debtor’s purchase of the stock of Dive Makai Charters, Inc. Id. ¶ 3.

On or about December 30, 2009, Debtors transferred their interests in the subject properties to Appellants as joint tenants via quitclaim deed. Id. ¶ 4. The Quitclaim Deed indicates that no conveyance tax was paid on the transfers. Id. ¶ 5. According to Philip Henshaw, he requested this change in record ownership so that he could refinance the mortgage loan on the subject properties, and that he was not aware of Debtors’ legal proceeding. Doc. No. 5-2, AA Ex. 6 at ECF Page 66 of 115 (Philip Henshaw Decl. ¶¶ 9-11). Philip Henshaw further asserts that in exchange for the Quitclaim Deed, he agreed to lower Debtors’ rent to $1,600 per month and to allow Debtors to pay the back rent ($16,-000) at a later date. Id. ¶ 13.3 As of December 30, 2009 (the date of the transfer), the taxed assessed values of Units A and B of the subject properties were $228,700 and $345,300 respectively. Doc. No. 5-2, AA Ex. 6 at ECF Page 41 of 115 (Trustee CSF ¶ 8).

On March 29, 2011, Debtors filed for bankruptcy protection under Chapter 7 of the Bankruptcy Code. Id. ¶ 7. Debtors’ bankruptcy petition lists their assets as $538,408.51 and liabilities at $1,037,994.18. Id. ¶ 9.

B. Procedural Background

On December 13, 2011, Trustee filed a Complaint against Appellants asserting that Debtors’ transfer of their joint interest in the subject properties was fraudulent in violation of 11 U.S.C. §§ 544(b) and [416]*416548(a)(1), and Hawaii Revised Statutes § 651C-4(a). The Complaint asks the bankruptcy court to void the transfer from Debtors to Appellants, and to award Trustee, for benefit of the bankruptcy estate, the co-ownership interests transferred.

On May 22, 2012, Trustee filed his Motion for Summary Judgment, asserting that no genuine issue of material fact exists that Debtors and Appellants held the subject properties as joint tenants, and that Debtors fraudulently transferred their interest in the subject properties to Appellants on December 30, 2009. On July 12, 2012, Appellants filed an Opposition arguing, among other things, that Debtors were not true joint tenants because they did not contribute significantly to the purchase price, and that Debtors received consideration in exchange for transferring the property to Appellants. On July 20, 2012, Trustee filed a Reply.

At the July 27, 2012 hearing, U.S. Bankruptcy Judge Robert J. Faris explained that Trustee was entitled to summary judgment:

I’m going to grant the motion for summary judgment. The deed said it was joint tenancy. That has a clear legal meaning. It has to be 50-50. That’s the only legal way you can have a joint tenancy. There’s a rule called the Parol Evidence Rule, which says that when you have an unambiguous legal document you can’t admit evidence to contradict what that document clearly says and this document clearly said joint tenancy. The Hawaii case on point is Midkiff v. Castle & Cooke, 45 Haw. 409 [368 P.2d 887 (1962) ]. So I hold that the property was held as joint tenants and the debtors did have a 50 percent interest in it.

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Bluebook (online)
485 B.R. 412, 2013 WL 253978, 2013 U.S. Dist. LEXIS 8486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henshaw-v-field-hid-2013.