In re Sullivan

567 B.R. 348, 2017 Bankr. LEXIS 1128
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedApril 24, 2017
DocketBankruptcy Case No. 14-13155
StatusPublished

This text of 567 B.R. 348 (In re Sullivan) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Sullivan, 567 B.R. 348, 2017 Bankr. LEXIS 1128 (Ill. 2017).

Opinion

MEMORANDUM OPINION

JANET S. BAER, United States Bankruptcy Judge

This matter is before the Court on the objection of Ronald R. Peterson, chapter 7 trustee (the “Trustee”), to the exemptions claimed by the debtors James Henry Sullivan, Jr. and Renee A. Simmons-Sullivan (the “Debtors”), who are representing themselves in their bankruptcy case. The Trustee argues that the Debtors’ amended schedule C improperly lists certain exemptions for disability claims and wages which should be disallowed pursuant to Bankruptcy Rule 4003,1 The Debtors raise an argument regarding due process and express a misunderstanding with respect to the ownership of certain legal claims.2 For the reasons stated herein, the Trustee’s objection is sustained and the Debtors’ amended exemptions are disallowed.

JURISDICTION

The Court has jurisdiction over this matter pursuant to 28 U.S.C.’ § 1334 and [351]*351Internal Operating Procedure 15(a) of the United States District Court for the Northern District of Illinois. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (B).

BACKGROUND

The pro se Debtors filed a voluntary-petition under chapter 7 of the Bankruptcy Code (the “Code”) on April 9, 2014 and soon thereafter the Trustee was appointed to their case. The Debtors indicated on their schedule B and statement of financial affairs filed with their petition that neither of them had any interests in lawsuits or contingent claims against any party and that neither of them was involved in any lawsuits or administrative proceedings. (See Bankr. No. 14-13155, Docket No. 1, at 11-13 & 3T-44.3) Similarly, the Debtors did not claim any exemption related to recovery from a lawsuit on their original schedule C filed with their petition. (See id., at 14.)

However, less than a month after commencing the bankruptcy case, debtor James Henry Sullivan, Jr. (“Sullivan”) filed a lawsuit on May 1, 2014 against H & M International Transportation, Inc. (“H & M”) in the District Court for the Northern District of Illinois (the “District Court”), alleging that H & M engaged in reverse racial discrimination and discrimination based on Sullivan’s disability, and that H & M had wrongfully terminated him from employment (the “H & M Action”). (See Docket No. 54, at 2-3, ¶ 5 & Ex. A.) In the H & M Action, Sullivan sought monetary damages and reinstatement of his previous position with H & M. (See id., Ex. A, at 16.) The Trustee learned of the H & M Action during his investigation of the Debtors’ affairs conducted at the 341 meeting of creditors and alleges that Sullivan had in fact received his right to sue notice from the Equal Employment Opportunity Commission prior to the filing of his joint bankruptcy case, in February 2014. (See id. at 2, ¶ 5 & Ex. A to Ex. A.) Although a discharge was already entered in the Debtors’ bankruptcy case (see Docket No. 34), the case is still pending to allow the Trustee to administer the estate’s assets and provide a distribution to creditors of an amount yet to be determined (see Docket No. 39).

Upon learning of the H & M Action, the Trustee filed a petition to intervene in the District Court. The District Court granted the Trustee’s request, noting that the Trustee was the real party in interest as to Sullivan’s legal claims — that is, the claims for monetary damages — because those claims became property of the Debtors’ bankruptcy estate when the Debtors filed their chapter 7 petition. Sullivan v. H & M Int'l Trans., Inc., No. 14 C 3198, 2015 WL 720988, at *2 (N.D. Ill. Feb. 13, 2015). However, the District Court found that Sullivan was the real party in interest as to his demand for reinstatement, explaining that that claim “is of no value to [the Debtors’] bankruptcy estate and [is] of no consequence to the [T]rustee or the creditors.” Id. (internal quotation omitted).

The Trustee and H & M subsequently agreed to settle the claims for monetary damages. On September 8, 2015, the Trustee filed his motion pursuant to Bankruptcy Rule 9019(a) to approve the settlement agreement between the estate and H & M (the “Settlement Motion”). (Docket No. 45.) As discussed below, the Court found the settlement to be reasonable and granted the Trustee’s motion on October 19, 2015. (Docket No. 49.)

[352]*352Sullivan’s demand for reinstatement, however, remained unsettled at that time. Subsequently, in January 2016, Sullivan agreed to receive a monetary award of $10,000 to settle the reinstatement issue with H & M. (Docket No. 54, at 3, ¶ 9.) Thus, the H & M Action settled in its entirety for $38,000,4 of which $23,000 is held by the Trustee for the benefit of the estate. (Id.) Sullivan received the remaining $10,000 of the settlement proceeds, and, according to the Trustee, any efforts made to reach an agreement with Sullivan to turn over that amount have been rebuffed.5 (Id. at 4, ¶ 10.) Based on the briefs submitted in this matter, it is unclear whether the Trustee intends to pursue collection of the $10,000 from Sullivan.6

On November 7, 2016, over a year after the Trustee settled the estate’s claims with H & M, the Debtors filed an amended schedule C in which they claim the following exemptions in property:

(i) “Disability Claim” valued at $23,000.00, pursuant to 735 ILCS 5/12 — 1001(g)(3);
(ii) “Wages” valued at $23,000.00, pursuant to 735 ILCS 5/12-803; and,
(iii) “Disability Claim” valued at $23,000.00, pursuant to 735 ILCS 5/12-1001(b).

(Docket No. 52.)

The Trustee filed an objection to the exemptions listed above. That objection is now fully briefed and the Court is ready to rule.

DISCUSSION

Bankruptcy Rule 4003 governs matters related to claims of exemptions and objections thereto. Bankruptcy Rule 4003(b) provides the mechanism by which the Trustee may object to the Debtors’ amended claims of exemptions so long as such objection is filed within thirty days after the Debtors have filed their amended schedule C. See Fed. R. Bankr. P. 4003(b); In re Kazi, 985 F.2d 318, 322-23 (7th Cir. 1993). The instant objection having been timely filed, the burden lies with the Trustee to prove that the Debtors’ exemptions are not properly claimed. See Fed. R. Bankr. P. 4003(c); In re Edelson, 533 B.R. 651, 653 (Bankr. N.D. Ill. 2015).

The Trustee argues that the Debtors’ reliance on each of the Illinois exemption provisions under which the exemptions are claimed is misplaced. Further, the Trustee argues that the doctrine of laches prevents the Debtors from asserting any exemption against the $23,000 in proceeds from the settlement of the estate’s claim against H & M.

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Cite This Page — Counsel Stack

Bluebook (online)
567 B.R. 348, 2017 Bankr. LEXIS 1128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sullivan-ilnb-2017.