In re Phillips

485 B.R. 53, 2012 Bankr. LEXIS 5934, 2012 WL 6721026
CourtUnited States Bankruptcy Court, E.D. New York
DecidedDecember 27, 2012
DocketNo. 12-72379-ast
StatusPublished
Cited by13 cases

This text of 485 B.R. 53 (In re Phillips) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Phillips, 485 B.R. 53, 2012 Bankr. LEXIS 5934, 2012 WL 6721026 (N.Y. 2012).

Opinion

DECISION AND ORDER GRANTING TRUSTEE’S MOTION TO DISALLOW CO-DEBTOR ANTHONY CHRISTOPHER PHILLIPS FROM CLAIMING MULTIPLE PERSONAL INJURY EXEMPTIONS

ALAN S. TRUST, Bankruptcy Judge.

Issue Pending and Summary of Ruling

Pending before this Court is the Chapter 7 Trustee’s motion to disallow two personal injury exemptions claimed by the co-debtor, Anthony Christopher Phillips (“Mr. Phillips”). Mr. Phillips asserts that, under § 522(d)(ll)(D) of the Bankruptcy Code,1 he may exempt payments to be received from two discrete prepetition personal injury lawsuits, and from each lawsuit receive up to the statutory cap set out in § 522(d)(ll)(D), thus potentially doubling the exemption available had he only been in one accident. The Trustee argues that Mr. Phillips may only claim one personal injury exemption up to the cap in § 522(d)(ll)(D) regardless of how many discrete prepetition personal inju[55]*55ries Mr. Phillips suffered. The issue presented is the extent to which a debtor is entitled to exempt payments to be received from multiple prepetition personal bodily injuries. For the reasons more fully set forth herein, the Court grants the Chapter 7 Trustee’s motion and hmits Mr. Phillips’ exemption claim to the statutory cap regardless of the number of injuries suffered, and regardless of the number of events which caused the injuries.

Jurisdiction

This Court has jurisdiction over this core proceeding pursuant to 28 U.S.C. §§ 157(b)(2)(A), (B) and 1384(b), and the standing Order of Reference in effect in the Eastern District of New York dated August 28, 1986, and as amended on December 5, 2012 but made effective nunc pro tunc as of June 23, 2011.

Background

On April 17, 2012, Mr. Phillips and April Lashawn Phillips a/k/a April Lashawn Singleton (“Mrs. Phillips”) filed a voluntary joint petition (the “Petition”) for relief under Chapter 7 of the Bankruptcy Code, [dkt. item 1] Prior to commencement of this case, Mr. Phillips and Mrs. Phillips each suffered personal bodily injuries resulting from their involvement in three separate car accidents. In the Petition, Mrs. Phillips scheduled an interest in one prepetition personal injury cause of action stemming from one of these car accidents; she claimed one personal injury exemption under § 522(d)(ll)(D) for the statutory maximum of $21,625. Mr. Phillips scheduled interests in two prepetition personal injury causes of action stemming from two different car accidents (the “Accidents”), which resulted in separate and distinct injuries. Mr. Phillips has claimed two separate personal injury exemptions pursuant to § 522(d)(ll)(D),2 each for the statutory maximum, and for an aggregate value of $43,250 (the “Exemptions”).3

On July 18, the Chapter 7 Trustee (the “Trustee”) filed an objection to Mr. Phillips’ claim of exemptions under Rule 4003(b) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) (the “Trustee’s Motion”), [dkt. item 20]. The Trustee asserts that the plain language of § 522(d)(ll)(D), as analyzed by the Court of Appeals for the First Circuit in In re Christo, 192 F.3d 36 (1st Cir.1999), prohibits Mr. Phillips from claiming the Exemptions to the extent so claimed.

On August 3, Mr. Phillips filed an objection to the Trustee’s Motion, contending that the Christo decision does not control this Court’s analysis, that the language of the statute should be liberally construed in favor of Mr. Phillips, and that as discussed in several decisions from bankruptcy courts outside this district, § 522(d)(ll)(D) authorizes Mr. Phillips to claim multiple personal injury exemptions stemming from [56]*56multiple prepetition personal injury causes of action, [dkt. item 23]

On September 19, the Court held a hearing on the Trustee’s Motion and at the conclusion of the hearing took this matter under submission.

Discussion

This controversy presents only a question of law; resolution of this matter turns on the precise meaning of § 522(d)(ll)(D). Thus, the Court must begin its inquiry by looking to the language of the statute itself. Lamie v. United States Trustee, 540 U.S. 526, 534, 124 S.Ct. 1023, 157 L.Ed.2d 1024 (2004); United States v. Ron Pair Enters., 489 U.S. 235, 241, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989); In re Miller, 462 B.R. 421, 429 (Bankr.E.D.N.Y.2011). Courts are required to apply the plain meaning of a statute, unless the statute is ambiguous or applying the unambiguous plain meaning would yield an absurd result. Hartford Underwriters Ins. Co. v. Union Planters Bank, Nat’l Ass’n, 530 U.S. 1, 6, 120 S.Ct. 1942, 147 L.Ed.2d 1 (2000) (“[W]hen the statute’s language is plain, the sole function of the courts — at least where the disposition required by the text is not absurd — is to enforce it according to its terms.”); Miller, 462 B.R. at 429-30. Statutory language is ambiguous if it is susceptible to two or more reasonable meanings. In re Med Diversified, Inc., 461 F.3d 251, 255 (2d Cir.2006). In determining plainness or ambiguity, courts are directed to look “to the language itself, the specific context in which that language is used, and the broader context of the statute as a whole.” Robinson v. Shell Oil Co., 519 U.S. 337, 341, 117 S.Ct. 843, 136 L.Ed.2d 808 (1997). Moreover, courts may utilize canons of statutory construction to help resolve any ambiguity. United States v. Colasuonno, 697 F.3d 164, 173 (2d Cir.2012); United States v. Dauray, 215 F.3d 257, 264 (2d Cir.2000). However, where both the plain meaning and the rules of statutory construction are unavailing, courts may resort to legislative history to aid in their interpretation. See Colasuonno, 697 F.3d at 173; Dauray, 215 F.3d at 264; see also In re Aiello, 428 B.R. 296, 299-300 (Bankr.E.D.N.Y.2010). Therefore, this Court will first consider the plain meaning of § 522(d)(11)(D).

1. Textual Analysis of § 522(d)(ll)(D) and the Bankruptcy Rules of Construction

Section 522(d)(ll)(D) provides that a debtor is entitled to claim as exempt:

(11) The debtor’s right to receive, or property that is traceable to ...
(D) a payment, not to exceed $21,625, on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent....

11 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
485 B.R. 53, 2012 Bankr. LEXIS 5934, 2012 WL 6721026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-phillips-nyeb-2012.