In Re Andrew S. Bland and Sonia J. Bland, Debtors. Finance One v. Andrew S. Bland and Sonia J. Bland

793 F.2d 1172, 15 Collier Bankr. Cas. 2d 666, 1986 U.S. App. LEXIS 26596, 14 Bankr. Ct. Dec. (CRR) 1416
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 30, 1986
Docket84-8646
StatusPublished
Cited by29 cases

This text of 793 F.2d 1172 (In Re Andrew S. Bland and Sonia J. Bland, Debtors. Finance One v. Andrew S. Bland and Sonia J. Bland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Andrew S. Bland and Sonia J. Bland, Debtors. Finance One v. Andrew S. Bland and Sonia J. Bland, 793 F.2d 1172, 15 Collier Bankr. Cas. 2d 666, 1986 U.S. App. LEXIS 26596, 14 Bankr. Ct. Dec. (CRR) 1416 (11th Cir. 1986).

Opinions

CORRECTED OPINION

KRAVITCH, Circuit Judge:

The court granted en banc consideration of this bankruptcy case to consider whether the Georgia exemption statute, O.C.G.A. § 44-13-100(a)(6), effectively overrode ap-pellees’ right under section 522(f) of the Bankruptcy Code to avoid nonpossessory, nonpurchase-money security interests held by appellant. The bankruptcy court and the district court ruled in favor of the debtors. The panel affirmed the district court, 760 F.2d 1252 (1985) relying on the prior decision of this court, In re Hall, 752 F.2d 582 (11th Cir.1985). The appellant asks the court to overrule Hall. We decline to do so.

The relevant facts are brief. In 1981, appellees Andrew and Sonia Bland executed loans with Finance One, and contemporaneously granted Finance One a non-possessory, nonpurchase-money security interest in their household goods and furniture. In 1982, the Blands filed a Chapter 13 bankruptcy petition. They filed a complaint to avoid Finance One’s security interest in their household goods and furniture under 11 U.S.C. § 522(f). The amount of the Blands’ outstanding debt to Finance One exceeds the value of the encumbered property. The bankruptcy court granted summary judgment for the debtors.

The avoidance provision on which the Blands rely is available only to avoid a lien “to the extent that such lien impairs an exemption to which the debtor would have been entitled.” 11 U.S.C. § 522(f). The appellant contends that because the amount of the Blands’ obligation exceeds the value of the encumbered property, the Blands are not entitled to any exemption, and therefore cannot avoid the liens under section 522(f).

Upon the filing of a petition in bankruptcy, the property of the debtor becomes property of the bankruptcy estate. 11 U.S.C. § 541(a). Our bankruptcy laws historically have allowed the bankrupt to exempt certain items from the estate. The purpose of the exemptions is to provide the debtor with “the basic necessities of life” and ensure that “the debtor will not be left destitute and a public charge.” H.R.Rep. No. 595, 95th Cong., 2d Sess. 126, reprinted in 1978 U.S.Code Cong. & Ad.News 5787, 5963, 6089. Before Congress adopted the new Bankruptcy Code, state laws defined what property was exempt, id.; because those laws had become outmoded, Congress adopted a federal list of exemptions, 11 U.S.C. § 522(d). Congress, however, allowed states to opt out of the federal exemptions and set forth their own exemptions, 11 U.S.C. § 522(b).

The fact that property may qualify for exempt status does not aid the debtor if the property is encumbered by a valid lien. Creditors holding liens valid in bankruptcy may enforce them against exempt property. 11 U.S.C. § 522(c)(2). The debtor may, however, avoid certain liens under section 522(f). Section 522(f)(2) allows the debtor to avoid a lien only to the extent the lien impairs an exemption. Section 522(f) provides:

Notwithstanding any waiver of exemptions, the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor [1174]*1174would have been entitled under subsection (b) of this section, if such lien is
(1) a judicial lien; or
(2) a nonpossessory, nonpurchase-mon-ey security interest in any—
(A) household furnishings, household goods, wearing apparel, appliances, books, animals, crops, musical instruments, or jewelry that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor;
(B) implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debtor; or
(C) professionally prescribed health aids for the debtor or a dependent of the debtor.

Georgia has elected to exercise its right under the Bankruptcy Code to set forth its own list of exemptions. O.C.G.A. § 44-13-100(b). The exemption at issue in this case is for personal, family and household goods. Both the federal exemptions and the Georgia exemptions are set forth in the margin.1 The Georgia exemption is identical to the federal statute, except that it places a $3500 cap on the total value of goods the debtor may exempt. Compare 11 U.S.C. § 522(d)(3) with O.C.G.A. § 44-13-100(a)(4).

Appellant claims that the Georgia legislature has defined the exemptions in a manner which precludes debtors from avoiding liens under section 522(f). It notes that only the “debtor’s interest” is exempt, and argues that a debtor has no “interest” in encumbered property. Georgia law, it concludes, therefore forbids a debtor to exempt encumbered property. Accepting this proposition, the liens in this case would not impair any exemptions to which the Blands would be entitled under section 522(b), and they therefore could not utilize section 522(f) to avoid the liens. Under the appellant’s argument, Georgia would have opted out not only of section 522(d), but section 522(f) as well.

This court has had significant experience with Georgia’s exemption statute. In In re Maddox, 713 F.2d 1526 (11th Cir.1983), the panel adopted the opinion of the district court, which held that the Georgia exemptions were not intended to opt out of section 522(f). In In re Hall, 752 F.2d 582 (11th Cir.1985), the appellant contended that a recent Georgia case, Wallis v. Clerk, Superior Court DeKalb County, 166 Ga.App. 775, 305 S.E.2d 639 (1983), indicated that Maddox had been incorrectly decided. The panel in Hall accepted without discussion the contention that the Georgia statute was an attempt to opt out of section 522(f), 752 F.2d at 586, but decided that under the Bankruptcy Code, Georgia had no authority to do so. Id. at 588.2

After reconsidering this question en banc, it appears that the Hall panel moved too quickly to the question of whether a state can opt out of section 522(f). We find that the decision of the Georgia Court of Appeals in Wallis in no way undermines the conclusion of the panel in Maddox that Georgia did not intend to opt out of section 522(f).

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Bluebook (online)
793 F.2d 1172, 15 Collier Bankr. Cas. 2d 666, 1986 U.S. App. LEXIS 26596, 14 Bankr. Ct. Dec. (CRR) 1416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-andrew-s-bland-and-sonia-j-bland-debtors-finance-one-v-andrew-s-ca11-1986.