In re Crawford

511 B.R. 395, 2014 WL 2535159, 2014 Bankr. LEXIS 2447
CourtUnited States Bankruptcy Court, W.D. North Carolina
DecidedJune 5, 2014
DocketNo. 13-30843
StatusPublished
Cited by3 cases

This text of 511 B.R. 395 (In re Crawford) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Crawford, 511 B.R. 395, 2014 WL 2535159, 2014 Bankr. LEXIS 2447 (N.C. 2014).

Opinion

ORDER

J. CRAIG WHITLEY, Bankruptcy Judge.

This matter is before this Court upon the Trustee’s Objections To Exemptions And Valuations Claimed By Debtor filed October 3, 2013. After several continuances in order to conduct discovery, an evidentiary hearing was held on April 28, 2014. The Chapter 7 Trustee, John W. Taylor represented himself (“Trustee”). Debtor Lametsha B. Crawford (“Crawford”) was represented by Barbara L. White.

The dispute involves an effort by Crawford, a Charlotte, NC resident, to claim a North Carolina residential exemption under NCGS § 1C-1601(a)(1), not in her principal residence, but in a second home located in Rock Hill, S.C. That home was once occupied by Crawford’s great uncle, David Jennings. Crawford argues that Jennings is her legal dependent making the property eligible for exemption.

The Trustee disagrees. He argues that Jennings is not Crawford’s legal dependent within the meaning of the statute. Then, anticipating Crawford might alternatively contend that Jennings was the equitable owner of the property at the petition date, the Trustee asserts three additional objections. First, he objects to Crawford exempting property belonging to a third party. Second, he believes that his bona fide purchaser rights under 11 USC § 541(d) would trump any such equitable interest. Third, because Jennings died shortly after bankruptcy and his will left [397]*397this residence to Crawford, the Trustee asserts that any interests of Jennings in this property passed to Crawford’s bankruptcy estate per 11 USC § 541(a)(5)(A).

Held: Upon the facts presented, Jennings was not Crawford’s “dependent” at the filing date within the meaning of NCGS § 1C-1601(a)(1). While the Rock Hill residence is not subject to exemption under this subpart, Crawford will be permitted to amend her exemptions to claim a “wildcard” interest in the same under NCGS § 1C-1601(a)(2).

STATEMENT OF FACTS

Crawford filed a Chapter 7 bankruptcy case in this Court on April 21, 2013. As of the filing date, Crawford resided at 10965 Princeton Village Dr., Charlotte, NC. Petition, ECF No. 1.

In her bankruptcy schedules, Crawford disclosed ownership of several real estate properties, including a home located at 215 McFadden St., Rock Hill, S.C. (the “Rock Hill residence”). Crawford further described the Rock Hill residence as a “Rental” and stated that it was “Held for David Jennings.” She valued this property at $48,000 and indicated that it was subject to a mortgage of $20,962.

David Jennings (“Jennings”), now deceased, was the brother of Crawford’s grandmother, i.e., her great uncle. Jennings purchased the Rock Hill residence sometime between 2002 and 2004. He resided in the property until the month in which Crawford filed bankruptcy, and perhaps a month or two thereafter.

While Jennings has his own children, he and Crawford were always close. As a child, Crawford often spent the night in Jennings’ home. He taught her to drive. Crawford says Jennings treated her as if she were a daughter; for her part, she treated Jennings as if he were an uncle.

This close relationship continued long after Crawford became an adult. Given his lack of local relatives, as Jennings aged and developed health problems in the 1990’s, Crawford came to care for him. She took him to medical appointments, arranged for repairs to his house, and helped him ensure that he paid his bills.

Regarding the latter, Jennings received both Social Security and Veterans Administration retirement benefits, and had sufficient income to support himself. Ex. 1, Interrog. Answer, # 6.

However, at some point, family members realized that Jennings was neglecting to pay certain bills. Upon investigation, the family learned that Jennings had begun to give his money away to younger women who, according Jennings’ sister Azalea, were “hanging around the house.” This left him short.

When Jennings depleted his monthly income in this manner, Crawford testified that she would pay bill(s) for him. While she provided a couple of examples, how often Crawford did this is not clear. Nor does the record indicate how much she paid on Jennings’ account. However, it appears that this was an occasional, rather than a routine, practice by Crawford. In any event it was short lived.

With Jennings’ prudence, and perhaps his mental faculties1 slipping, on March 7, 2007, Jennings gave Crawford his Power of Attorney. This permitted her to handle all matters relating to the Rock Hill residence. This power included the ability to maintain, lease, finance, and even sell the property. At the same time, Jennings ex[398]*398ecuted a will which provided that the Rock Hill residence would go to Crawford upon Jennings’ death.

At this point, Crawford began to handle Jennings’ money, the payment of his bills, and .the upkeep of the Rock Hill residence.

Ten months later, on January 30, 2008, Jennings deeded the Rock Hill residence to Crawford. The reasons behind his conveyance were not adequately explained. While Crawford said the purpose was to enable her to make repairs and handle “business affairs for the home,” she already possessed this power under the Power of Attorney. It may have been an effort by Jennings to insure that Crawford received the home upon his death, but once again, by virtue of Jennings’ will, Crawford already had this expectancy. The evidence is simply too thin to draw any conclusions.

On one occasion after the Rock Hill residence was deeded to her, Jennings told Crawford that she could never sell his home. However, the Deed contains no such restriction. It is a Warranty deed that conveys full fee simple ownership of the property to Crawford.

After the conveyance, Jennings continued to live in the Rock Hill residence. Crawford continued to live in Charlotte, some 25 miles away from Jennings.

Crawford indicates she made mortgage payments on the Rock Hill residence in 2008 and 2010. Ex. 1, Interrog. Answer # 6. Her testimony provided no details about these payments. We do not know whether the money used was hers or whether it belonged to Jennings, or how many payments were made during this period.

By 2010, Jennings’ health was so poor that the family concluded that he could not live alone. A cousin moved in with him in September 2010. The cousin resided in the Rock Hill home until her death in April, 2013. During this period, the cousin paid “rent” to Jennings by making the mortgage payments on the property. Ex. 1, Interrog. Answer # 10. Thus, the cousin, not Crawford, was paying Jennings’ mortgage in the year preceding bankruptcy. After the cousin died, Crawford testified that she began making the mortgage payments on the Rock Hill residence, but it is unclear whether this is the ease.2

Jennings passed away on June 29, 2013, 69 days after Crawford filed bankruptcy. During this period, due to his poor health, Jennings stayed with family members, and was only intermittently in the Rock Hill home. Ex. 1, Interrog. # s 6 and 8.

DISCUSSION

Because this fact scenario raises multiple legal issues, it is perhaps easiest to begin by noting the potential issues that are not in contention.

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Cite This Page — Counsel Stack

Bluebook (online)
511 B.R. 395, 2014 WL 2535159, 2014 Bankr. LEXIS 2447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-crawford-ncwb-2014.