In re McQuaid

492 B.R. 514, 2013 WL 2149494, 2013 Bankr. LEXIS 2023
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedMay 16, 2013
DocketNo. 12 B 34265
StatusPublished
Cited by5 cases

This text of 492 B.R. 514 (In re McQuaid) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.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 McQuaid, 492 B.R. 514, 2013 WL 2149494, 2013 Bankr. LEXIS 2023 (Ill. 2013).

Opinion

[515]*515MEMORANDUM OPINION

DONALD R. CASSLING, Bankruptcy Judge.

David E. Grochocinski, the Chapter 7 trustee (the “Trustee”), has objected to the Debtors’ claim of exemption in a Special Needs Trust funded by insurance proceeds arising from a disability claim. Because the Court agrees with the Trustee that the trust does not fall within one of the Illinois statutory exemptions, the Court sustains the Trustee’s objection.

I.JURISDICTION AND PROCEDURE

The Court has jurisdiction to entertain this matter pursuant to 28 U.S.C. § 1334 and Internal Operating Procedure 15(a) of the United States District Court for the Northern District of Illinois. It is a core proceeding under 28 U.S.C. § 157(b)(2)(B).

II.BACKGROUND

The Debtors, husband and wife Daniel J. McQuaid and Alice M. Wood, filed a joint Chapter 7 petition on August 29, 2012. They listed an interest in the Alice M. Wood Special Needs Trust (the “Trust”) as jointly owned property on Schedule B of their bankruptcy petition. The Debtors claim an exemption in the Trust under 735 Ill.Rev.Stat. 5/12-1001(g)(3) on Schedule C of their petition.

Ms. Wood is the beneficiary of the Trust and Mr. McQuaid is the trustee. The Debtors testified at their 11 U.S.C. § 341(a) meeting of creditors that the Trust was funded by settlement proceeds from a lawsuit that Ms. Wood filed against a disability insurer (the “Insurer”).1 Ms. Wood stated that the lawsuit arose from the Insurer’s discontinuance of payments to her for a claim for a brain injury she suffered in 2002.

The Trustee objects to the Debtors’ claim of exemption in the Trust on the basis that the Illinois statute does not exempt an actual benefit but rather a debt- or’s right to receive the benefit. According to the parties, Ms. Wood received the settlement payment from the Insurer in 2009, but the Debtors did not create the Trust until 2012, less than two months before the petition date.

III. APPLICABLE STANDARDS

Upon the filing of a bankruptcy petition, all of a debtor’s pre-petition assets become property of the bankruptcy estate. 11 U.S.C. § 541(a)(1). Out of that property, a debtor is allowed to claim certain property exempt. 11 U.S.C. § 522(b). Statutory lists of permissible exemptions are found both in the Bankruptcy Code and under many states’ laws, including those of Illinois. States may opt out of the federal exemption list and apply the state exemption list to their residents. Illinois has done just that and limits Illinois debtors to those exemptions listed in the Illinois exemption statute. 735 Ill.Rev.Stat. 5/12-1201. However, the Illinois exemptions generally resemble those that would otherwise be available under § 522(d) of the Code.

Any party in interest has standing to object to a debtor’s exemptions. Fed. R. Bankr.P. 4003(b)(1). Bankruptcy Rule 4003(c) states that “[i]n any hearing under this rule, the objecting party has the burden of proving that the exemptions are not properly claimed. After hearing on notice, the court shall determine the issues presented by the objections.” Fed. R. [516]*516Bankr.P. 4003(c). An objecting party’s burden of proving that a debtor’s exemptions are not properly claimed must be established by a preponderance of the evidence. In re Doyle, 209 B.R. 897, 900 (Bankr.N.D.Ill.1997).

The purpose of the exemption provision is to protect a debtor’s fresh start in bankruptcy. In re Wright, 156 B.R. 549, 554 (Bankr.N.D.Ill.1992). Therefore, exemption statutes are to be interpreted liberally in favor of a debtor. In re Barker, 768 F.2d 191, 196 (7th Cir.1985). If an exemption statute can properly be construed in ways that are both favorable and unfavorable to a debtor, the favorable interpretation should be applied. Id.

The Debtors have claimed the Trust exempt under 735 Ill.Rev.Stat. 5/12— 1001(g)(3) which provides:

Personal property exempt. The following personal property, owned by the debtor, is exempt from judgment, attachment, or distress for rent:
(g) the debtor’s right to receive:
(3) a disability, illness or unemployment benefit[.]

735 Ill.Rev.Stat. 5/12-1001(g)(3).

IV. DISCUSSION

The Debtors argue that, because the funds in the Trust originated as proceeds from a disability insurance claim, their ultimate purpose was to pay for “a disability” or “illness” within the meaning of the Illinois statute. According to the Debtors, the fact that those insurance proceeds funded a trust which gave the trustee the discretion to provide for the “health, support and welfare” of the beneficiary2 should not matter in determining whether the Illinois exemption has been satisfied.

The Court rejects this argument as contrary to the plain language of the Illinois statute, Illinois case-law applying that statute, and the language of the Trust the Debtors created.

By its plain terms, § 12-1001(g)(3) exempts only the “right to receive ... a disability, illness or unemployment benefit.” Id. (emphasis added). Illinois courts interpreting this statute have focused on the language that exempts the “right to receive” the benefit rather than the benefit itself.3 See In re Marriage of Pope-Clifton, 355 Ill.App.3d 478, 291 Ill.Dec. 315, 823 N.E.2d 607, 609 (2005) (holding that funds in an account that were traceable to disability benefits paid by the Veterans’ Administration were not exempt under § 12 — 1001(g)(3) because that statute protects only the “right to receive” such benefits); Fayette County Hosp. v. Reavis, 169 Ill.App.3d 246, 119 Ill.Dec. 937, 523 N.E.2d 693, 695 (1988) (stating that funds tracea[517]*517ble to social security benefits are not exempt under § 12 — 1001(g) because the statute refers to the “right to receive” but excludes language referencing property traceable to social security benefits).

Moreover, a comparison of § 12-1001 (g) to other Illinois exemptions demonstrates that the Illinois legislature explicitly draws a statutory distinction between benefits yet to be received and funds traceable to benefits already received.

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Cite This Page — Counsel Stack

Bluebook (online)
492 B.R. 514, 2013 WL 2149494, 2013 Bankr. LEXIS 2023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mcquaid-ilnb-2013.