In re Soori-Arachi

600 B.R. 153
CourtUnited States Bankruptcy Court, D. Rhode Island
DecidedMarch 26, 2019
DocketBK No. 17-10570
StatusPublished
Cited by1 cases

This text of 600 B.R. 153 (In re Soori-Arachi) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Soori-Arachi, 600 B.R. 153 (R.I. 2019).

Opinion

Diane Finkle, U.S. Bankruptcy Judge

This matter is before the Court on the objection of the Chapter 7 Trustee ("Trustee") to Debtor Marcus Soori-Arachi's ("Mr. Soori") second amended claim of exemption of a UTMA/UGMA account with Fidelity Investment Life Insurance under certain state exemption statutes. The account consists of a nonqualified, tax deferred annuity with a surrender value of $ 105,000. Mr. Soori opposed the Trustee's objection, and on January 23, 2019, the Court held a final hearing and took this contested matter under advisement. In reaching its determination, the Court has carefully considered the parties' relevant filings and respective arguments, their agreed statement of undisputed facts and attached exhibits, the various state exemption statutes in issue, and applicable case law. The Court concludes that the Fidelity account and the annuity it contains are not exempt from the bankruptcy estate under the Rhode Island statutes upon which Mr. Soori relies. He may, however, exempt $ 6,400 of the annuity's liquidated proceeds under R.I. Gen. Laws § 9-26-4(16), the state catch-all exemption.1

I. Jurisdiction

The Court has jurisdiction over this matter under 28 U.S.C. §§ 157 and 1334 and DRI LR Gen 109(a). This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (B).

II. Relevant Procedural Background

Despite the Court's urgings to the contrary, and except for a brief period, Mr. *156Soori has represented himself. Getting to the point where this matter is ripe for final determination has followed a long, winding, and bumpy road. Along the way the parties have amended and refined their respective arguments. For brevity's sake, the Court will avoid discussing all the twists and turns and limit the background information to what is particularly germane to its decision.

Mr. Soori and his wife Stephanie Tamgho filed their joint voluntary petition under chapter 7 of the Bankruptcy Code2 on April 10, 2017 ("Filing Date"). About a month later the Debtors amended their bankruptcy schedules ("Amended Schedules," Doc. # 21). On Amended Schedule A/B: Property, under the category of "deposits of money," the Debtors listed a "Fidelity Trust/UTMA Account[ ]: 323026826" ("Fidelity Account"). On Amended Schedule C: Property Exempt, they claimed an exemption in the Fidelity Account for an "unknown amount." The Debtors also indicated that there may be other accounts at various financial institutions that were established for Mr. Soori's benefit when he was a minor, but they provided no specific information about these possible accounts.

In accordance with her duties, the Trustee contacted various financial institutions to locate other potential accounts and obtain information about the Fidelity Account. In due course, the Trustee learned that the Fidelity Account actually contained a nonqualified, tax deferred variable annuity ("Annuity"). On June 6, 2018, with the assistance of counsel at the time, the Debtors filed their second amended bankruptcy schedules ("Second Amended Schedules," Doc. # 63). On Second Amended Schedule A/B, the Debtors accurately list the Fidelity Account as consisting of the Annuity. On Second Amended Schedule C, the Debtors elect state and federal non-bankruptcy exemptions under 11 U.S.C. § 522(b)(3) and claim the full amount of the Fidelity Account and the Annuity proceeds as exempt under R.I. Gen. Laws3 §§ 27-4-11-Rights of Beneficiaries to Proceeds of Policy As Against Creditors , 27-4-12-Provision for Exemptions From Encumbrance, Transfer, or Claims of Creditors , 27-18-24-Immunity of Benefits From Process , and 9-26-4(16)-Property Exempt From Attachment (the limited catch-all provision).

On June 26, 2018, the Trustee objected to Mr. Soori's exemption of the Fidelity Account under these cited Rhode Island statutory exemptions ("Objection," Doc. # 65).4

III. Findings of Fact

The facts relevant to the analysis of this matter are not in dispute. The Court makes the following findings of fact based on the Agreed Statement of Facts, Disputed Facts and Supporting Documents ("Agreed Statement," Doc. # 108) submitted by the parties, the exhibits attached to the Agreed Statement, which include the application for the purchase of the annuity *157and the annuity contract, and other exhibits attached to the parties' various filings.5

Mr. Soori was born on March 15, 1983. In Omaha, Nebraska, on April 1, 1998, Mr. Soori's father, Gamini S. Sooriyaarachchi, completed and submitted an application to purchase a "Variable and Fixed Annuity Issued and Administered by Fidelity Investment" for Mr. Soori's benefit ("Application," Doc. # 108, Exhibit A). On April 6, 1998, Mr. Soori's father opened the UGMA/UTMA Fidelity Account with Fidelity Investment Life Insurance ("Fidelity"), in the name of "Gamini S. Sooriyaarachchi as custodian for Marcus C.B. Soori-arachi," account number 323026826. That same day he purchased the non-qualified deferred variable Annuity for $ 10,040.77, which is held in the Fidelity Account. The terms of the Annuity are governed by the deferred annuity contract issued by Fidelity also on April 6, 1998 ("Annuity Contract," Doc. # 108, Exhibit B).6 Under the Annuity Contract, the maturity date of the Annuity is April 1, 2068. On that date, the designated annuitant may make an election of payment distributions if the Annuity Contract has not previously been liquidated. The Application and the Annuity Contract designate Mr. Soori as the annuitant ("Annuitant"). As the Annuitant, Mr. Soori had the right to access the Fidelity Account and liquidate the Annuity for its surrender value when he turned 19 on March 15, 2002. Notwithstanding, the Annuity remains in full force and effect and no funds have been withdrawn from the Fidelity Account since its inception.

The Annuity Contract includes a death benefit payable to the designated beneficiary of the Annuity. The beneficiary receives the funds upon the death of the Annuity owner and Annuitant named on the Application. The Application and Annuity Contract identify Mr. Soori as the Annuity owner ("Owner") and his probate estate as the primary beneficiary ("Beneficiary") entitled to receive the Annuity proceeds upon his death. These designations have never been changed since the issuance of the Annuity Contract and the Annuity.7

On October 17, 2017, the Trustee notified Fidelity of Mr.

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Bluebook (online)
600 B.R. 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-soori-arachi-rib-2019.