In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. Boodrow

126 F.3d 43, 159 A.L.R. Fed. 799, 38 Collier Bankr. Cas. 2d 1397, 1997 U.S. App. LEXIS 23906, 31 Bankr. Ct. Dec. (CRR) 554
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 12, 1997
Docket1042, Docket 96-5078
StatusPublished
Cited by146 cases

This text of 126 F.3d 43 (In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. Boodrow) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. Boodrow, 126 F.3d 43, 159 A.L.R. Fed. 799, 38 Collier Bankr. Cas. 2d 1397, 1997 U.S. App. LEXIS 23906, 31 Bankr. Ct. Dec. (CRR) 554 (2d Cir. 1997).

Opinions

FEINBERG, Circuit Judge:

This case presents an issue of first impression in this circuit: whether a bankruptcy court may allow a debtor, who files for bankruptcy and is “current” on a car-purchase loan, to retain the collateral securing the loan and continue making monthly payments under the original loan agreement. Creditor Capital Communications Federal Credit Union (Capital) moved in the United States Bankruptcy Court for the Northern District of New York for, among other things, relief from the automatic stay imposed by 11 U.S.C. § 362 when debtor Brian K. Boodrow filed for bankruptcy under Chapter 7 of the Bankruptcy Code. In December 1995, Bankruptcy Judge Littlefield, Jr. denied that motion. In re Brian Boodrow, 192 B.R. 57 (Bankr.N.D.N.Y.1995). In June 1996, the United States District Court for the Northern District of New York, Thomas J. McA-voy, C.J., affirmed the decision of the bankruptcy court. Capital Communications Federal Credit Union v. Boodrow (In re Boodrow), 197 B.R. 409 (N.D.N.Y.1996). Capital appeals from that ruling; for reasons stated below, we affirm.

I. Facts and Prior Proceedings

The matérial facts in this case are not in dispute. In May 1995, Boodrow filed for relief pursuant to Chapter 7. Prior to filing, Boodrow had borrowed $15,900 from Capital to purchase a 1992 Pontiac Grand’Am. As of the petition date, Boodrow "owed Capital $8,820, which sum was secured by a first priority hen on the vehicle. Capital agrees that the market value of the vehicle on that date was $9,650.

After filing his Chapter 7 petition, Boo-drow filed a statement of intention pursuant to 11 U.S.C. § 521(2),1 indicating that he intended to retain the vehicle and reaffirm his debt to Capital. However, Boodrow, who had been receiving workmen’s compensation and disability payments for-an injury, discovered sometime thereafter that he was permanently disabled and would not be able to return to full-time employment. For this reason, Boodrow says, he did not execute a reaffirmation agreement with Capital but rather retained the car, remained “current” on his monthly installment payments and maintained adequate insurance on the car. Apparently, as part of the loan contract with Capital, Boodrow had purchased disability insurance, which was the source of the monthly payments due under the loan. In[193]*193deed, it is undisputed that at all times up to the argument of this case before us, Boodrow has remained current on his payments and maintained adequate insurance for the vehicle.

In July 1995, Capital moved to lift the automatic stay and for other relief on the ground that Boodrow had not complied with § 521(2), and that this failure constituted cause under 11 U.S.C. § 362(d)(1) for lifting the stay to enable Capital to recover the vehicle. Capital maintained that Boodrow was required under § 521(2) to either enter into a reaffirmation agreement, surrender the vehicle to Capital, or redeem it by immediately paying Capital the market value of the vehicle.

Bankruptcy Judge Littlefield conducted a hearing on Capital’s motion in August 1995 and reserved decision. See 192 B.R. at 58. In September, he granted Boodrow a discharge from bankruptcy. Thereafter in December, Judge Littlefield denied Capital’s motion for relief from the automatic stay. The court held that Capital had not demonstrated cause for lifting the stay because § 521(2) allowed a debtor in Boodrow’s position to retain the collateral and continue making monthly payments. 192 B.R. at 59. The court concluded that Capital had not demonstrated that it would suffer harm if the stay was not lifted. Id. at 60.

Capital appealed to the district court, and Chief Judge McAvoy affirmed the bankruptcy court in an opinion filed in June 1996. The judge held that § 521(2) allowed Boo-drow to retain the collateral and continue to perform under the original loan agreement, and therefore the bankruptcy court had properly denied Capital’s motion. This appeal followed.

II. Discussion

A. Mootness

We turn to the issue of mootness because our dissenting colleague takes the position that this case became moot when the bankruptcy court granted Boodrow a discharge from bankruptcy on September 5, 1995 — a few months before it issued its opinion denying Capital relief from the automatic stay. Neither party raised the issue of mootness at any stage of the case, but we asked for and received supplemental briefing on that issue. After reviewing those briefs, we agree with Boodrow, Capital and amicus curiae Key Bank of New York (Key Bank) that the case is not moot.2

It is clear that under Article III of the Constitution, we lack jurisdiction over a case “when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome.” Murphy v. Hunt, 455 U.S. 478, 481, 102 S.Ct. 1181, 1183, 71 L.Ed.2d 353 (1982) (per curiam) (internal quotations and citations omitted); South Street Seaport Ltd. Partnership v. Burger Boys, Inc. (In re Burger Boys, Inc.), 94 F.3d 755, 759 (2d Cir.1996). The Supreme Court has instructed that a case becomes moot only when it is “impossible for the court to grant ‘any effectual relief whatever’ to a prevailing party.” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12, 113 S.Ct. 447, 449, 121 L.Ed.2d 313 (1992) (citing Mills v. Green, 159 U.S. 651, 653, 16 S.Ct. 132, 133, 40 L.Ed. 293 (1895)) (emphasis added); see also Fox v. Board of Trustees of the State Univ. of N.Y., 42 F.3d 135, 140 (2d Cir.1994) (case moot when “it becomes impossible for the courts, through the exercise of their remedial powers, to do anything to redress the injury”).

Judge Shadur argues in his dissent that the automatic stay, which protects a debtor’s assets during the administration of a bankruptcy case, see 11 U.S.C. § 362(a), terminated completely as a matter of law when Boo-drow received his discharge. With regard to Capital’s right to try to reclaim the vehicle, this seems questionable. The bankruptcy judge, who obviously knew that he had granted Boodrow a discharge three months earlier, noted in denying Capital’s motion that “the stay (as it applies to property of the estate) terminates by operation of law upon the closing of the Chapter 7 case or sooner if [194]*194the property is affirmatively abandoned by the trustee.” 192 B.R. at 60 (emphasis added). Indeed, 11 U.S.C. § 362(c)(1) states that “the stay of an act against property of the estate ... continues until such property is no longer property of the estate,” not merely until discharge. Id.; see Collier on Bankruptcy, ¶ 362.06 at 362-72 (Lawrence P. King ed., 15th ed.

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Bluebook (online)
126 F.3d 43, 159 A.L.R. Fed. 799, 38 Collier Bankr. Cas. 2d 1397, 1997 U.S. App. LEXIS 23906, 31 Bankr. Ct. Dec. (CRR) 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brian-k-boodrow-debtor-capital-communications-federal-credit-union-ca2-1997.