In re Sain

584 B.R. 325
CourtUnited States Bankruptcy Court, S.D. California
DecidedMay 7, 2018
DocketBANKRUPTCY NO: 14–09610–MM7
StatusPublished
Cited by1 cases

This text of 584 B.R. 325 (In re Sain) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Sain, 584 B.R. 325 (Cal. 2018).

Opinion

MARGARET M. MANN, JUDGE

This decision explores whether California law protects the homestead proceeds received by Debtor Douglas W. Sain ("Douglas") from his Chapter 7 Trustee Richard M. Kipperman ("Trustee"). At all relevant times, Douglas has lived at 11118 Mesa Top Place, San Diego, CA 92121 ("Mesa Top"), which Douglas bought back from Trustee during his bankruptcy case. Although Douglas made substantial contributions to finance the sale from personal assets that were not property of the estate, his father, Robert W. Sain ("Robert"),2 actually took title to facilitate obtaining *327a loan for the purchase. Douglas retained lease/option rights, however. All told, Douglas invested at least $90,635.43 in Mesa Top, including paying $50,000 in attorneys' fees incurred to buy his interest and defend his homestead rights.

Over a year after the sale escrow closed, Trustee brought a motion for turnover of the $75,000 in homestead proceeds Douglas received from the sale. Trustee claimed Douglas was not entitled to the proceeds since he did not acquire fee title in Mesa Top and did not reinvest the proceeds in a new homestead after receipt. By involving both a lease and a debtor's repurchase of a home from a trustee, this case is outside the standard scenario of a Chapter 7 trustee sale of a homestead to a third party. No case was found, and none was cited to the court, addressing the facts present here, so the issues are of first impression. Because both the policy of preventing homelessness, and the policy of treating creditors fairly, are respected by permitting Douglas to retain his homestead proceeds, Trustee's motion will be denied.

I. Background

While application of the legal principles at issue is disputed, the facts are not. Douglas filed a voluntary Chapter 7 petition on December 13, 2014. He scheduled a 36% interest in Mesa Top, where he resided with his children,3 which he valued at $260,000. The only business entity in which he scheduled an interest was Sain Communications, Inc., which Douglas solely owned and valued at $0. Douglas claimed a $75,000 automatic homestead exemption in Mesa Top under Cal. Code Civ. Proc. ("CCP") § 704.720, even though he also held a recorded declaration of homestead that was potentially available under CCP § 704.950. Douglas also claimed as exempt a Charles Schwab & Co., Inc. individual retirement account ("IRA") holding $357,513. Douglas's exemptions are no longer subject to objection as the 30-day objection period has passed. Taylor v. Freeland & Kronz, 503 U.S. 638, 644, 112 S.Ct. 1644, 118 L.Ed.2d 280 (1992) (even invalid exemption claims cannot be challenged after expiration of the 30-day deadline).

Both Douglas's and his ex-wife's interests in Mesa Top were sold by Trustee to Douglas for $755,000 when Douglas was the highest bidder at a contested auction conducted on May 5, 2016. At the auction, Douglas paid an $11,000 deposit required under the sale contract through a new wholly-owned subchapter S corporation, Sain Entertainment Corporation ("SEC"). Douglas had attempted to credit bid his $75,000 homestead exemption as part of his offer of purchase, but Trustee refused.

Douglas had initially expected Robert would liquidate investments to enable Douglas to buy Mesa Top outright. But, after Douglas was deemed to be the highest bidder, Robert decided instead to fund a loan for the purchase. This change in plans required Robert to take title himself, so Douglas requested Trustee consent to assign the purchase contract to Robert. While Trustee initially refused, this dispute was eventually resolved when Douglas agreed to provide additional deposits and assurances to the estate in return for Trustee's consent to the assignment. Douglas then liquidated $22,500 from his IRA on July 13, 2016, which he also contributed towards the purchase of Mesa Top.

*328Since Douglas's purpose in buying Mesa Top was to continue to live there with his family, Douglas entered into a month-to-month lease with Robert a few days before escrow closed on July 10, 2016 ("Lease"). Douglas was responsible under the Lease for maintaining the landscaping and paying its expenses, including property taxes, homeowners association ("HOA") fees, and homeowners insurance. The Lease also provided Douglas the option to purchase the home at any time at Robert's "full cost." Escrow closed on the sale on July 15, 2016, generating $217,460.43 in proceeds for Trustee. Douglas then paid Robert the $2,016 in monthly rent due under the Lease from his IRA.

Instead of paying Douglas his $75,000 in homestead proceeds at the close of escrow, Trustee withheld the entire amount and sought to pay $42,496.37 to Douglas's ex-wife to satisfy a domestic support obligation. Douglas objected, and the court ordered Trustee after a hearing to pay Douglas the full proceeds since the money was not property of the estate under Mwangi v. Wells Fargo Bank, N.A. (In re Mwangi), 764 F.3d 1168, 1176-77 (9th Cir. 2014). Trustee finally paid $75,000 to Douglas on December 29, 2016, by transferring the funds to Douglas's counsel's client trust account. Douglas's attorney then received $50,000 of this money to pay the $65,135.30 in attorneys' fees Douglas incurred buying Mesa Top and defending the homestead. This left Douglas unable to repay his father's investment in Mesa Top as originally intended. While Douglas did not trace the remaining $25,000 to any particular expenditure, he claimed to have paid rent to Robert, and SEC specifically paid $4,719.04 of property taxes incurred regarding Mesa Top on February 24, 2017, and a $400.39 HOA bill on June 15, 2017.

Almost ten months after Douglas finally received his homestead, Trustee brought a motion for turnover of the proceeds. Trustee argued: "Douglas did not acquire a new home, dwelling or homestead," but only a leasehold and failed to reinvest the proceeds after receipt as required by CCP § 704.720(b) and Wolfe v. Jacobson (In re Jacobson), 676 F.3d 1193, 1199 (9th Cir. 2012). Douglas opposed the turnover motion, primarily on legal grounds, relying upon his recorded homestead. After the court provided tentative rulings on certain issues, and afforded Trustee an opportunity to investigate the facts, Douglas provided unrefuted evidence of investments in Mesa Top totaling $90,635.43. Because this total exceeded the $75,000 subject to the turnover motion, the court determined further factual development of the record was unnecessary. It then took the matter under submission.

Having further considered the issues, the court makes its findings of fact and conclusions of law under Fed. R.

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Bluebook (online)
584 B.R. 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sain-casb-2018.