In re Awayda

574 B.R. 692, 2017 Bankr. LEXIS 3637
CourtUnited States Bankruptcy Court, C.D. Illinois
DecidedOctober 18, 2017
DocketCase No. 17-90458
StatusPublished
Cited by7 cases

This text of 574 B.R. 692 (In re Awayda) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Awayda, 574 B.R. 692, 2017 Bankr. LEXIS 3637 (Ill. 2017).

Opinion

OPINION

Mary P. Gorman, United States Chief Bankruptcy Judge

This matter is before the Court following a hearing on an Objection to Claim of Exemptions and a Motion for Turnover Order filed by Kristin Wilson, Chapter 7 trustee (“Trustee”). The Trustee challenges the Debtor’s claimed exemption in proceeds from the sale of her homestead on the basis that the exemption could expire at a later date. Because the exemption was validly claimed as of the petition date, however, the Debtor is unconditionally entitled to the exemption regardless of any potential postpetition developments. The Trustee’s requested relief will therefore be denied.

I. Factual and Procedural Background

Patricia Ann Awayda (“Debtor”) filed her voluntary Chapter 7 petition on April 26, 2017. In her Statement of Financial Affairs, she disclosed that she had sold her residence at 1704 E. Fairlawn Drive in Urbana, Illinois, on April 21, 2017. The Debtor currently holds proceeds from the sale in the form of two undeposited checks, one for $9628.21 and the other for $1000. The Debtor claimed the full amount of both checks as exempt under the Illinois exemption for homestead proceeds. The Trustee filed an Objection to Claim of Exemptions and a Motion for Turnover Order, both asserting that the Debtor is not entitled to retain the proceeds from the sale of her residence as exempt. With respect to the exemption claim, the Trustee says that the statutory exemption is conditional and applies only when the homestead proceeds are reinvested in a new homestead within one year. The Debt- or responded to the Trustee’s objection, arguing that the exemption was properly claimed because homestead proceeds are fully and unconditionally exempt for one year after they are received.

With respect to the turnover request, the Trustee argues that when a debtor is holding prepetition proceeds from the sale of homestead property received within one year of filing, those funds should be turned over to the trustee for safekeeping until either the one-year period elapses'or the debtor uses the proceeds to establish a new homestead. The Trustee bases this position on In re Stewart, which held that the exemption for homestead proceeds “should be allowed if the debtor reinvests the proceeds within the one-year period, but denied if reinvestment does not occur even though this determination must be made based upon what does or does not occur postpetition.” In re Stewart, 452 B.R. 726, 745 (Bankr. C.D. Ill. 2011) (Perkins, J.).

The Debtor countered the Trustee’s arguments, pointing out that this Court has previously held that debtors are unconditionally entitled to an exemption in homestead proceeds if the sale of the homestead property occurred less than one year pre-petition. In re Snowden, 386 B.R. 730, 734 (Bankr. C.D. Ill. 2008). The Debtor also cites the bankruptcy court decision from the Northern District of Illinois that followed this Court’s decision in Snowden. See In re Lantz, 446 B.R. 850, 860-61 (Bankr. N.D. Ill. 2011). Thus, the Debtor argues that, because the one-year statutory period had not elapsed as of the petition date, her exemption in the homestead proceeds is properly claimed regardless of anything that might occur after the petition date, and, accordingly, she should not be required to turn over the proceeds to the Trustee.

Both parties presented brief argument at a hearing held August 9, 2017. The matter is now ready for decision.

II. Jurisdiction

This Court has jurisdiction over the issues before it pursuant to 28 U.S.C. § 1334. All bankruptcy cases and proceedings filed in the Central District of Illinois have been referred to the bankruptcy judges. CDIL-Bankr. LR 4.1; see 28 U.S.C. § 157(a). Matters involving claimed exemptions in estate property and orders to turn over property of the estate are core proceedings. 28 U.S.C. § 157(b)(2)(B), (E). The issues here arise directly from the Debtor’s bankruptcy itself and from the provisions of the Bankruptcy Code and may therefore be constitutionally decided by á bankruptcy judge. See Stern v. Marshall, 564 U.S. 462, 499, 131 S.Ct. 2594, 180 L.Ed.2d 475 (2011).

III. Legal Analysis

One of the main purposes of bankruptcy laws is to “secure a prompt and effectual administration and settlement” of the bankruptcy estate “within a limited period.” Katchen v. Landy, 382 U.S. 323, 328-29, 86 S.Ct. 467, 15 L.Ed.2d 391 (1966) (citation omitted); Lantz, 446 B.R. at 858. In Chapter 7, this is achieved by liquidating a debtor’s nonexempt assets for the benefit of prepetition, creditors. See 11 U.S.C. § 704(a)(1). But there is a competing purpose in bankruptcy: protecting a debtor’s fresh start. To that end, debtors are permitted to claim exemptions in property. 11 U.S.C. § 522(b).

In this case, the Debtor has claimed an exemption under the provisions of Illinois law specifically related to homestead proceeds, which provides:

When a homestead is conveyed by the owner thereof ... the proceeds thereof, to the extent of the amount of $15,000, shall be exempt from judgment or other process, for one year after the receipt thereof, by the person entitled to the exemption, and if reinvested in a homestead the same shall be entitled to the same exemption as the original homestead.

735 ILCS 5/12-906.1

The Trustee does not dispute that Illinois exemption law applies here, that the funds in question are traceable to the sale of the Debtor’s homestead, or that the sale occurred less than one year prior to the Debtor’s bankruptcy filing. Rather, the Trustee focuses on the “one year” limit in the statute for the exemption of homestead proceeds and asks the Court to find that such limit makes the exemption conditional. The question before the Court, then, is whether entitlement to the exemption is determined as of the petition date or if postpetition activities, such as the acquisition of a new homestead or the expiration of the one-year period, affect the determination. An analysis of the provisions of both the Bankruptcy Code and the Illinois exemption statute is required to answer the question.

A. The Snapshot Rule

The Supreme Court has explained that it is the date of filing when “the status and rights of the bankrupt, creditors and the trustee ... are fixed.” White v. Stump, 266 U.S. 310, 313, 45 S.Ct. 103, 69 L.Ed. 301 (1924); see also Owen v. Owen, 500 U.S. 305, 314 n.6, 111 S.Ct. 1833, 114 L.Ed.2d 350 (1991).

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Cite This Page — Counsel Stack

Bluebook (online)
574 B.R. 692, 2017 Bankr. LEXIS 3637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-awayda-ilcb-2017.