In re Wisdom

478 B.R. 394, 2012 WL 3987990, 2012 Bankr. LEXIS 4217
United States Bankruptcy Court, D. Idaho·Decided September 11, 2012·No. No. 11-01135-JPD·Published·Cited by 3 cases

Opinion

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Introduction

Debtor Allen L. Wisdom (“Debtor”) objected to the Final Report and Application for Compensation (“Final Report”) filed in this case by chapter 71 Trustee Jeremy Gugino’s (“Trustee”). This Memorandum sets forth the Court’s findings of fact and conclusions of law regarding the objection. Rules 9014; 7052. For the reasons explained below, Debtor’s objection will be overruled.

Facts

On April 19, 2011, Debtor filed a chapter 7 petition. In his schedule B, Debtor disclosed his interest in a whole life insurance policy issued by New York Life, which Debtor represented had a value of $162,802.79. Debtor claimed this policy and its value as exempt in schedule C pursuant to Idaho Code §§ 41-1833(1) and 41-1930.

On April 20, 2011, Debtor filed an amended schedule C, which again listed [396] the value of the whole life insurance policy at $162,802.79; Debtor again asserted the policy was exempt under the same provisions of the Idaho Code.

Then, on May 18, 2011, Debtor filed another amendment to his schedules. The amended schedule B now disclosed that Debtor owned five whole life insurance policies issued by New York Life, each with a cash value, as follows: policy number 306, $1,511; policy number 754, $934; policy number 860, $3,238; policy number 504, $4,055; and policy number 344, $62,037. Dkt. No. 19. Debtor’s second amended schedule C, Dkt. No. 19, claimed each of the five policies as exempt for its full value pursuant to Idaho Code § 11— 605(10), except for policy number 344, which Debtor claimed exempt as to $5,000 of the value of that policy, also pursuant to Idaho Code § 11-605(10).

Trustee objected to Debtor’s exemption claims in the second amended schedule C in the whole life insurance policies. Dkt. No. 27. Trustee argued that, under Idaho Code § 11-605(10), Debtor was entitled to one aggregate exemption of $5,000 for all five insurance policies. Consistent with his interpretation of the exemption statute, Trustee acknowledged Debtor’s claim to a $5,000 exemption in policy number 344, the one with the largest cash value, but objected to allowance of an exemption in any of the other smaller policies. While the record shows he was served with a copy of Trustee’s objection to his amended exemptions, Debtor did not oppose or otherwise respond to the objection. On June 29, 2011, the Court entered an order sustaining Trustee’s objection to Debtor’s claimed exemptions in the life insurance policies. Dkt. No. 28.

Some time thereafter, Trustee made a demand on New York Life to liquidate all of the policies to recover their cash values. New York Life eventually complied and sent Trustee a check for $75,033.21. After receipt of the funds, Trustee sent a check to Debtor for $5,000, the amount of the exemption Debtor had claimed in policy number 344. Debtor received the check and cashed it.

After administering the assets of the bankruptcy estate, and after various objections by Debtor to Trustee’s actions, which were overruled by the Court, Trustee filed his Final Report on June 5, 2012. Dkt. No. 144. Debtor, acting pro se,2 filed an objection to Trustee’s Final Report on June 27, 2012. Dkt. No. 150. In the objection, Debtor asserted that Trustee “unilaterally made the decision that Debt- or would claim the $5000.00 exemption on [policy number 344]”; Debtor alleged that Trustee’s action was “an intentional misrepresentation by the Trustee.” Id. at 3. Debtor insisted that all the insurance policies were “exempt from liquidation pursuant to [Idaho Code] § 11-605(9)” and that Trustee had a “fiduciary obligation to protect Debtor’s interest in the exemptions ....” Id. at 4, 5. Debtor alleged that Trustee was guilty of fraud in his dealings with the insurance policies, and that Trustee “may have violated” federal criminal statutes; he requested that this Court refer this matter to the United States Attorney, order that Trustee pay the proceeds of the liquidated insurance policies to Debtor, deny Trustee’s request for compensation, and refer this matter to the United States Trustee in Seattle for its review. Id. at 9-11.

Trustee filed a response to Debtor’s objection on July 23, 2012. Dkt. No. 153. In [397] the response, Trustee pointed out that Debtor had never claimed the policies as exempt under Idaho Code § 11-605(9), that it was not his duty to claim exemptions for Debtor, and that Trustee had acted properly by liquidating Debtor’s interest in the insurance policies. Id. at 2-6.

Debtor filed a reply to Trustee’s response on July 30, 2012. Dkt. No. 154. Debtor reiterated his charges that Trustee’s actions were inappropriate, and explained his interpretation of the interplay between Idaho Code § 11-605(10) and Idaho Code § 11-605(9). Id. at 11-12. Debt- or asserted, for the first time, that “it is not necessary to identify I.C. § 11-605(9) as an exemption when I.C. § 11-605(10) is identified as an exemption[.]” Id. at 11. In addition, Debtor took issue with this Court’s interpretation of these exemption statutes in the case of In re Steiner, 459 B.R. 748 (Bankr.D.Idaho 2010), labeling that decision’s holding that Idaho Codes §§ 11-605(9) and (10) are separate and distinct exemptions as “dicta”. Id. at 10.

The Court conducted a hearing concerning Debtor’s objection to Trustee’s Final Report on July 31, 2012. After hearing the arguments of the parties, the Court took the issues under advisement.

Analysis and Disposition

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In re Wisdom, 478 B.R. 394, 2012 WL 3987990, 2012 Bankr. LEXIS 4217 (Idaho 2012).

478 B.R. 394 (In re Wisdom) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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