In re Saxe

491 B.R. 244, 2013 WL 1197674, 2013 Bankr. LEXIS 1224
CourtUnited States Bankruptcy Court, W.D. Wisconsin
DecidedMarch 22, 2013
DocketNo. 12-13807-7
StatusPublished
Cited by1 cases

This text of 491 B.R. 244 (In re Saxe) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Saxe, 491 B.R. 244, 2013 WL 1197674, 2013 Bankr. LEXIS 1224 (Wis. 2013).

Opinion

MEMORANDUM DECISION ON DEBTORS’ MOTION TO AVOID LIENS

CATHERINE J. FURAY, Bankruptcy Judge.

Robert and Yvonne Saxe (the “Debtors”) moved pursuant to 11 U.S.C. § 522(f) to avoid the lien of the United States Department of Agriculture, Farm Service Agency (“FSA”), in certain tangible farm personal property and equipment. FSA asserts that the lien on one piece of equipment — a skidsteer — is not avoidable because it is a purchase-money security interest. The parties filed briefs and relevant documents supporting their respective positions.

After considering the arguments presented, the motion is DENIED with respect to the skidsteer. This Memorandum Decision constitutes this Court’s findings of facts and conclusions of law in accordance with Rule 7052 of the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”).

JURISDICTION

The federal district courts have “original and exclusive jurisdiction” of all cases under title 11 (“Bankruptcy Code” or “Code”) and “original but not exclusive jurisdiction” of all civil proceedings that arise under the Bankruptcy Code, or that arise in or are related to cases under the Code. 28 U.S.C. § 1334(a)-(b) (2012). The district courts may, however, refer such cases to the bankruptcy judges for their district. 28 U.S.C. § 157(a) (2012). In the Western District of Wisconsin, the district court has made such a reference. See Western District of Wisconsin Administrative Order 161 (July 12,1984).

[247]*247Pursuant to the reference, this Court “may hear and determine all cases under title 11 and all core proceedings arising under title 11, or arising in a case under title 11 ... and may enter appropriate orders and judgments, subject to review under section 158 of this title.” 28 U.S.C. § 157(b)(1) (2012). A motion to avoid a lien arises in a case under title 11, and proceedings to determine the validity, extent, or priority of liens are core proceedings. 28 U.S.C. § 157(b)(2)(E) (2012); In re Quade, 482 B.R. 217, 221 (Bankr.N.D.Ill.2012); In re Rosol, 114 B.R. 560, 562 (Bankr.N.D.Ill.1989).

Accordingly, this Court has both the jurisdiction and the authority to enter final judgment in this matter.

FACTS AND PROCEDURAL HISTORY

Debtors signed a Promissory Note (“2004 Note”) dated September 20, 2004, in favor of FSA. To secure the 2004 Note, the Debtors executed a Security Agreement (“2004 Security Agreement”). The 2004 Security Agreement granted a security interest in “farm and other equipment” including “1 skidsteer to be purchased.” The security interest was perfected by the filing of a Uniform Commercial Code Financing Statement (“Financing Statement”) on September 9, 2004. On or about September 24, 2004, the Debtors purchased the skidsteer. The Debtors admit the funds used to purchase the skids-teer were borrowed from FSA as part of the funds loaned under the 2004 Note.

On September 27, 2006, the Debtors executed and delivered a new note to FSA (“2006 Note”). An Addendum to the 2006 Note modifying the payment terms appears on the signature page to the 2006 Note. The 2006 Note states it is a “Rescheduling” and that there are “Deferred payments.” The 2006 Note changed the payment schedule and extended the term of the FSA loan from seven to ten years. No additional funds were advanced under the 2006 Note. FSA retained the 2004 Note and the 2004 Security Agreement. A UCC Continuation Statement was filed on March 13, 2009.

A security agreement dated January 1, 2010 (“2010 Security Agreement”), was also executed by the Debtors and delivered to FSA granting a security interest in, among other assets, “all farm and other equipment.”

On June 29, 2012, the Debtors filed a Chapter 7 petition. The Debtors’ Schedule D listed FSA as a creditor holding a claim in the amount $160,000. The Debtors elected to claim the Wisconsin “tools of the trade” exemptions under Wis. Stat. § 815.18(3)(b)(l) and applied this exemption against the skidsteer and other equipment.

The Debtors assert the skidsteer and four other pieces of equipment are encumbered by nonpossessory, nonpurchase-money liens held by FSA. They argue these items could otherwise be exempted under state law and have moved to avoid FSA’s liens pursuant to § 522(f) of the Bankruptcy Code. Of the property sought to be exempted, the only item relevant to the motion is the skidsteer.1

FSA objects to the motion with respect to the skidsteer. It asserts it holds a purchase-money security interest (“PMSI”) in the item, and that therefore the lien cannot be avoided under § 522(f).

SUMMARY OF ARGUMENTS

The Debtors dispute the purchase-money status of the FSA lien on the skidsteer [248]*248and argue it is avoidable. Their theories can be summarized as follows: (1) the lien is not purchase-money because there was no separate security agreement or UCC financing statement relating to the skids-teer, and neither the security agreements nor the UCC filings state the interest is purchase-money; (2) even if the lien was originally purchase-money, the 2006 Note effected a novation that destroyed the purchase-money character of the interest; and finally, (3) if the interest is purchase-money, then the payments that were made on the debt should be applied first to the PMSI in the skidsteer, thus satisfying the lien.

FSA argues that the lien is not avoidable by virtue of its PMSI. It argues that the Debtors concede the skidsteer was purchased with funds from the FSA loan. Additionally, FSA points to language contained in the 2004 Security Agreement that the skidsteer was “to be purchased,” the invoice and receipt for the skidsteer, and the supervised bank account documentation as further confirmation of the purchase-money nature of its security interest. The 2006 Note was, according to FSA, simply a rescheduling of payments and did not satisfy the 2004 Note. FSA argues that since it gave a single loan secured by multiple items of collateral, it is not possible to determine how much of any payment was applied to which item.

DISCUSSION

Section 522(f) of the Code allows a debtor to avoid the fixing of a lien to the extent the lien impairs an exemption to which the debtor would be entitled under 11 U.S.C. § 522(b), provided the lien is a nonpossessory, nonpurchase-money security interest in tools of the trade.

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Cite This Page — Counsel Stack

Bluebook (online)
491 B.R. 244, 2013 WL 1197674, 2013 Bankr. LEXIS 1224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-saxe-wiwb-2013.