In re Pittman

549 B.R. 614, 2016 Bankr. LEXIS 1954, 2016 WL 2620810
CourtUnited States Bankruptcy Court, E.D. Pennsylvania
DecidedMay 6, 2016
DocketBankruptcy No. 14-17665-AMC
StatusPublished
Cited by13 cases

This text of 549 B.R. 614 (In re Pittman) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Pittman, 549 B.R. 614, 2016 Bankr. LEXIS 1954, 2016 WL 2620810 (Pa. 2016).

Opinion

OPINION

Ashely M. Chan, United States Bankruptcy Judge

I. INTRODUCTION

Under Pennsylvania law, when property is sold under a tax sale, the prior owner [617]*617retains the right to redeem the property within nine months of the acknowledgment of the sheriffs deed issued in connection with the sale. The question before the Court is what happens with respect to the prior owner’s right of redemption when the prior owner files for bankruptcy after the sale of the property takes place, but before the redemption period expires. Specifically, may the prior owner effectively redeem the property by treating the purchaser’s right to payment of the redemption amount as a secured claim under the Bankruptcy Code which can be modified and paid over time under the debtor’s plan pursuant to § 1322(b)(2).1 As discussed below, the Court has concluded that a prior owner may treat the purchaser’s right to payment of the redemption amount as a secured claim which may be modified under § 1322(b)(2).

II. FACTS AND PROCEDURAL HISTORY

Prior to filing for bankruptcy, the Debt- or and her family resided at 3848 N. Smedley Street in Philadelphia, Pennsylvania (“Property”). Stipulation ¶ 1, ECF No. 39. She and her brother, Ronnie L. Pittman, co-owned the Property as tenants in common. Id. Over a four year period, unpaid real estate taxes accrued on the Property totaling $4,235.67 (“Tax Delinquency”). Id. ¶ 8.

Based upon the Tax Delinquency, the City of Philadelphia (“City”) sought and obtained an order to sell the Property at a tax sale. Id. ¶¶9-10. On October 21, 2013, Sahil S. Singhal (“Purchaser”) purchased the Property at a tax sale for $13,100.00, thereby satisfying the Tax Delinquency in full.2 Id. ¶ 2. Afterwards, the Sheriff of Philadelphia County prepared a deed to the Property in favor of the Purchaser which was acknowledged by the Sheriffs office on December 30, 2013. Id. ¶ 3. The deed was subsequently recorded on February 26,2014. Id.

Under applicable state law, the Debtor had nine months from December 30, 2013, the date that the deed was acknowledged, to exercise her right to redeem the Property. City Mem. Supp. Obj. to Second Am. Plan (“City’s Br.”) 3, ECF No. 44. Prior to the expiration of the redemption period, on. September 23, 2014 (“Petition Date”), she filed a voluntary Chapter 13 bankruptcy petition. The Debtor also filed a Chapter 13 plan on the Petition Date in which she proposed to pay the Purchaser $13,100.00, the amount that he paid to purchase the Property in the tax sale. Ch. 13 Plan ¶2^)®, ECF No. 8.

On February 10, 2015, the Purchaser filed a secured proof of claim in the amount of $17,709.47 (“Claim”) in connection with his purchase of the Property at the tax sale. On February 23, 2015, the Purchaser amended his Claim and listed his secured claim as $16,908.11 (“Amended Claim”).

On February 23, 2015, the City filed an objection to the plan based upon, inter alia, the Debtor’s failure to pay the full amount of the Amended Claim filed by the Purchaser in the amount of $16,908.11. Obj. to Proposed Ch. 13 Plan ¶¶ 19-21, ECF No. 24. The Debtor subsequently filed a first amended Chapter 13 plan and then a second amended Chapter 13 plan (“Plan”), both of which proposed to pay the Purchaser the full amount of his Amended [618]*618Claim of $16,908.11. Am. Ch. 18 Plan ¶ 2.B(a)(i), ECF No. 31; Second Am. Ch. 13 Plan ¶ 2.B(a)(i), ECF No. 34. The Plan proposed to pay the Purchaser the entire amount of the Amended Claim, albeit in equal monthly installments over the thirty-six month life of the Plan. Second Am. Ch. 13 Plan ¶¶ 1, 2.B(a)(i). The Plan also provided that, upon completion of all payments to the Purchaser, he would reconvey the Property to the Debtor. Id. ¶¶6-7.

On April 26, 2015, the City filed an objection to the Plan arguing that: (1) the Debtor did not properly file a motion under Federal Rule of Bankruptcy Procedure 6008 to redeem the Property; (2) the Purchaser does not hold a “claim,” as defined under § 101(5), which can be modified under § 1322(b)(2); and (3) the redemption amount cannot be paid to the Purchaser in installments under applicable state law. Obj. to Proposed Second Am. Ch. 13 Plan ¶¶ 14, 22, ECF No. 37.

On June 30, 2015, the Court held a confirmation hearing on the Plan. Although the Purchaser did not file an objection to the Plan, he attended the confirmation hearing and orally lodged his objection. Ultimately, the Court adjourned the confirmation hearing and ordered the parties to file briefs addressing the objections. After the parties filed their briefs, on December 1, 2015, a confirmation hearing on the Plan was held and the matter was taken under advisement. On December 21, 2015, the Debtor filed a supplemental letter (“Letter”) addressing one of the cases raised by the Purchaser and the City in their briefs. The Court subsequently gave the Purchaser and the City an opportunity to respond to the Debtor’s Letter. On January 19, 2016, the City filed a response to the Debtor’s Letter.

III. DISCUSSION

Although the Debtor’s Brief in Support of Plan Confirmation (“Debtor’s Brief’), ECF No. 40, challenges the City’s standing to object to confirmation of the Plan, the Court notes that the Purchaser appeared at the initial confirmation hearing to join in the City’s objection to confirmation and also filed a timely brief opposing confirmation in accordance with this Court’s briefing schedule. Since the Debt- or does not dispute the Purchaser’s standing to object to confirmation and the Purchaser’s position appears to be virtually identical to the City’s position, it is unnecessary for the Court to resolve whether the City has standing to object to confirmation of the Plan and the Court will proceed as though the Purchaser was the sole objector. The issue of the City’s standing is therefore moot.

The Purchaser argues that he holds absolute title to the Property and that the Debtor may only regain ownership of the Property by paying the redemption amount in full within nine (9) months of the acknowledgement of the deed under applicable state law. His position is that the Bankruptcy Code does not alter his state law right to be paid the redemption amount in such manner. The Purchaser asserts that

1) under state law ... a redemption must be exercised in accordance with the particular statute that the Sheriffs Sale took place under; 2) state law dictates that the Purchaser receives absolute title to the Subject Property at the conclusion of the Sheriffs Sale leaving the Debtor with no ownership interest in the Property, only a right of redemption; and, 3) thé Debtor can only exercise a right of redemption upon the full payment of the Redemption Amount.

Purchaser’s Br. Supp. Obj. to Second Am. [619]*619Plan (“Purchaser’s Br.”) 4-5, ECP No. 46.3 The Purchaser also argues that the “only-authority for exercising the redemption in bankruptcy is Fed.R. Bankr.P. 6008” and that the Debtor has failed to file a motion to redeem pursuant to Rule 6008. Id. at 21.

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Cite This Page — Counsel Stack

Bluebook (online)
549 B.R. 614, 2016 Bankr. LEXIS 1954, 2016 WL 2620810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-pittman-paeb-2016.