In re Austin

538 B.R. 543, 2015 Bankr. LEXIS 3169, 116 A.F.T.R.2d (RIA) 6250, 2015 WL 5544418
CourtUnited States Bankruptcy Court, E.D. Missouri
DecidedSeptember 18, 2015
DocketCase No. 14-49516-659
StatusPublished
Cited by2 cases

This text of 538 B.R. 543 (In re Austin) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Austin, 538 B.R. 543, 2015 Bankr. LEXIS 3169, 116 A.F.T.R.2d (RIA) 6250, 2015 WL 5544418 (Mo. 2015).

Opinion

ORDER

KATHY A. SURRATT-STATES, Chief United States Bankruptcy Judge

The matter before the Court is the Notice and Objection to Claim # 5, the United States of America’s Response to Debtors’ Objection to Internal Revenue Service’s Proof of Claim, Brief in Support of Claim 5-1 Filed by the Internal Revenue Service, Debtors’ Brief in Support of Their Objection to Claim # 5 (5-1), Supplemental Citations and Briefing in Support of Claim 5-1 Filed by the Internal Revenue Service and Debtors’ Supplemental Brief in Support of Their Objection to Claim # 5 (5-1). A hearing was held on July 13, 2015, at which Debtors and the Internal Revenue Service appeared by counsel. Argument was presented, the opportunity for supplemental briefing was granted to both parties, and upon filing thereof, the matter was taken under submission. Upon consideration of the record as a whole, the Court issues the following FINDINGS OF FACT:

Debtors Scott S. Austin and Anna M. Austin (hereinafter “Debtors”) filed a Voluntary Joint Petition under Chapter 13 of the Bankruptcy Code on December 8, 2014 (hereinafter “Petition Date”). The Internal Revenue Service (hereinafter “IRS”) filed Amended Claim 5-2 on July 13, 2015, in the amount of $171,606.34 for unpaid income taxes, of which $153,294.75 is claimed as secured in Box 4. Debtors have valued their personal assets on Schedule B at $32,144.00. Debtors have also listed two pending Worker’s Compensation Claims which Debtor Scott S. Austin is currently pursuing, at an “unknown” value. There is no dispute that the IRS may be secured by the proceeds of Debtor Scott S. Austin’s Worker’s Compensation Claims, even if the IRS is precluded by law from levying against the same. The only dispute is whether any value attributed to the Worker’s Compensation Claims should presently be excluded from a determination of the secured portion of the IRS’s claim, or alternatively, if the present value of the Worker’s Compensation Claims should be $0.

Debtors argue that under a Section 506(a)(2) analysis, the value of the unliqui-dated Worker’s Compensation Claims as of the Petition Date is $0, therefore, the secured claim of the IRS must be limited to the value of Debtors’ other personal assets. Debtors state in support of their position that no settlement offers have been made, and therefore, there is no basis by which Debtors can determine the replacement value of the Worker’s Compensation Claims. Debtors express “serious reservations” about providing an estimated value of the Worker’s Compensation Claims for purposes of valuing Claim 5-2 because this will affect the feasibility of any plan that Debtors propose. Further, Debtors question the result of this matter if Debtor Scott S. Austin declines to further pursue his Worker’s Compensation Claims.

The IRS argues first that its claim should remain secured in the full amount included in Claim 5-2, and, if necessary, upon determination in the Worker’s Compensation matters, the IRS will file an amended claim that accurately reflects any reduced security. Alternatively, the IRS [545]*545argues that an estimated value should be attributed to the Worker’s Compensation Claims which the IRS will adopt, and, upon liquidation of the Worker’s Compensation Claims, the IRS will file an amended claim that accurately reflects any increase or decrease in security.

JURISDICTION

This Court has jurisdiction of this matter pursuant to 28 U.S.C. §§ 151, 157 and 1334 (2014) and Local Rule 81-9.01(B) of the United States District Court for the Eastern District of Missouri. This is a core and related proceeding under 28 U.S.C. § 157(b)(2)(A), (B) and (K) (2014). Venue is proper in this District under 28 U.S.C. § 1409(a) (2014).

CONCLUSIONS OF LAW

The Court must determine whether the value of Debtor Scott S. Austin’s unliqui-dated Worker’s Compensation Claims should be excluded from consideration in the valuation of the IRS’s secured claim, or alternatively, if the Worker’s Compensation Claims should be valued at $0. The Court rules as follows.

Pursuant to Federal Rule of Bankruptcy Procedure 3001(f), “[a] proof of claim ... shall constitute prima facie evidence of the validity and amount of the claim.” Fed. R. Bankr.P. 3001(f) (2014). Filing an objection to a proof of claim “does not deprive the proof of claim of presumptive validity unless the objection is supported by substantial evidence.” In re McDaniel, 264 B.R. 531, 533 (8th Cir. BAP 2001)(citing In re Brown, 82 F.3d 801, 805 (8th Cir.1996)). “The objecting party must then produce evidence rebutting the claimant or else the claimant will prevail. If, however, evidence rebutting the claim is brought forth, then the claimant must produce additional evidence to prove the validity of the claim by a preponderance of the evidence.” In re Gran, 964 F.2d 822, 827 (8th Cir.1992)(citing In re Fidelity Holding Co., 837 F.2d 696, 698 (5th Cir.1988) (citation omitted)).

Section 6321 of Title 26 states that: If any person liable to pay any tax neglects or refuses to pay that same after demand, the amount (including any interest ...) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person.

26 U.S.C.§ 6321 (2014). Section 6334(7) of Title 26 exempts workmen’s compensation from levy by the United States for unpaid taxes. 26 U.S.C. § 6334(7) (2014). A tax lien achieved through Section 6321 of Title 26 remains in effect irrespective of whether the securing property is exempt from levy. U.S. v. Barbier, 896 F.2d 377, 379 (9th Cir.1990) (citations omitted); Matter of Voelker, 42 F.3d 1050, 1051-52 (7th Cir.1994); In re O’Gorman-Sykes, 245 B.R. 815, 819-20 (Bankr.E.D.Va.1999).

Section 502 provides, in pertinent part that:

(a) A claim or interest, proof of which is filed under section 501 of this title, is deemed allowed, unless a party in interest ... objects

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538 B.R. 543, 2015 Bankr. LEXIS 3169, 116 A.F.T.R.2d (RIA) 6250, 2015 WL 5544418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-austin-moeb-2015.