In re Galvin

583 B.R. 262
CourtUnited States Bankruptcy Court, D. Colorado
DecidedMarch 2, 2018
DocketCase No. 17–13786–JGR
StatusPublished

This text of 583 B.R. 262 (In re Galvin) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Galvin, 583 B.R. 262 (Colo. 2018).

Opinion

Joseph G. Rosania, Jr., United States Bankruptcy Judge

Dr. Michael David Galvin ("Dr. Galvin"), Debtor herein, filed for relief under Chapter 13 of the Bankruptcy Code. At the time of filing, Dr. Galvin, and his non-filing spouse, Jeanne Galvin, owned a model year 2017 Winnebago Navion 24J motor home or recreational vehicle ("RV"). Mr. Galvin listed the RV on Schedule A/B: Property and claimed the RV completely exempt as a homestead under Colorado law on Schedule C. The Chapter 13 Trustee, Douglas B. Kiel ("Trustee"), filed an objection to the claimed exemption and Dr. Galvin responded. The Court conducted an evidentiary hearing on the objection and response at which Dr. Galvin testified.

The issue is whether the Colorado homestead exemption extends an exemption to protect a debtor's interest in a motor home. The Court concludes it does not. The dispute involves the allowance or disallowance of a claimed exemption in property of the bankruptcy estate and the Court has subject matter jurisdiction over this contested matter under 28 U.S.C. § 1334, 28 U.S.C. § 157(a), and 28 U.S.C. §§ 157(b)(1), (b)(2)(A)(B) and (O).

BACKGROUND

Dr. Galvin is a mental health professional. He was licensed as a psychologist in Colorado in 1977 and practiced in Colorado for many years through an entity known as Michael D. Galvin, Ph.D., PC. The PC ceased operations in 2016, but Dr. Galvin continues to see at least one patient on a part-time basis in the Colorado Springs area.

In 1984, Dr. Galvin and his wife purchased a home in north Colorado Springs where they resided until the summer of 2016. Approaching retirement, they determined they could no longer afford to stay in the home. In anticipation of entering this new phase in their lives, they began liquidating assets.

In March 2016, Dr. Galvin and his former business partner sold the commercial real estate in which the therapy business was operated. After paying the costs of sale, Dr. Galvin's share of the proceeds was approximately $126,000. These proceeds would not have been exempt from execution under applicable Colorado law.

In early July 2016, the Galvins sold a 2002 Volvo V40 to a former neighbor for $2,000. On July 13, 2016, they closed on the sale of their former residence and received net proceeds of approximately $19,000.00.

With the proceeds, the Galvins purchased the RV and a Mercedes-Benz *264Smartcar titled solely in the name of Jeanne Galvin.

Dr. Galvin's bankruptcy case was filed in April 2017. He scheduled general unsecured debts as follows. No priority or secured claims were listed.

Creditor Basis Amount American Express Credit Card Debt $12,166.00 Bank of America Credit Card Debt $41,939.00 Chase Bank Credit Card Debt $6,018.00 Chase Bank Credit Card Debt $18,460.00 Citi/AT&T Credit Card Debt $6,496.00 Discover Card Credit Card Debt $19,050.00 Wells Fargo Business Credit Card Debt $2,937.00 Wells Fargo PLL Monies Loaned/Advanced $2,573.00 TOTAL $109,639.00

Dr. Galvin scheduled assets in the total amount of $190,032. In addition to the RV he valued at $93,000, he listed:

(i) Household goods and furnishings valued at $1,500;
(ii) Electronics valued at $500.00;
(iii) Sporting goods and hobby equipment valued at $1,800;
(iv) Clothing valued at $100;
(v) Jewelry valued at $1,200.00;
(vi) Cash and bank account balances totaling $400;
(vii) IRA with a balance of $83,000; and,
(viii) Life insurance policy with a surrender value of $6,530.

Dr. Galvin also listed monthly social security income in the amount of $2,002. All of the above property was claimed as exempt with the exception of the cash and bank account balances. The only challenged exemption concerns the RV.

Dr. Galvin's Chapter 13 Plan proposes to make payments of $200 per month for thirty-six months. The total amount to be paid into the plan is anticipated to be $7,200. After the payment of attorney's fees and costs and the Trustee commission, unsecured creditors would receive a total dividend of $1,300.

Timely-filed Proofs of Claim filed in the case total $34,533.67. Under the proposed plan, unsecured creditors will receive a pro-rata dividend of approximately 3 cents on the dollar (3%).

Chapter 13 allows debtors to retain the use and control of property of the estate. In exchange, future income is contributed to a plan and used to pay creditors. 11 U.S.C. § 1325(a)(4) requires unsecured creditors receive payments under a plan of not less than would be received on account of each respective claim in a hypothetical Chapter 7 liquidation. If the RV is exempt, Dr. Galvin's plan satisfies this "best interests of creditors" test. If the RV is not exempt, creditors holding allowed claims would be paid in full in a hypothetical Chapter 7 case, and the proposed plan cannot be confirmed.

THE RV

The RV was purchased new in the summer of 2016 using the proceeds from the sales of the commercial real estate and former residence. By claiming the RV as exempt as a homestead, Dr. Galvin seeks to shelter the otherwise non-exempt proceeds from the sale of the commercial real estate from creditors. Because the Court concludes the RV is not exempt, the issue *265of whether the bankruptcy case was filed in good faith need not be addressed.

The RV is a Winnebago model 24J built on a Mercedes-Benz Sprinter chassis and has amenities similar to a home. It has sleeping quarters with a queen size bed, televisions, a dining area and kitchenette with a cooktop, microwave oven, refrigerator, sink, a second bathroom sink, and a shower and toilet.

The RV has heating and air conditioning systems. It has plumbing and electrical systems capable of being "hooked up" to external sources.

The RV is approximately twenty-five (25) feet in length, has a wheel base of 170 inches and has a gross vehicle weight rating of 11,030 pounds.

Dr. Galvin testified that he and his wife resided in the RV on the date he filed bankruptcy. He indicated that, after closing on the sale of their former home, he and his wife have spent all but a few nights living in the RV. He testified it was their intent to use the RV as their home moving forward.

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Related

In re Romero
533 B.R. 807 (D. Colorado, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
583 B.R. 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-galvin-cob-2018.