KANCILIA v. Pearson

187 P.3d 542, 2008 WL 2486132
CourtSupreme Court of Colorado
DecidedJune 23, 2008
Docket07SC4
StatusPublished

This text of 187 P.3d 542 (KANCILIA v. Pearson) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
KANCILIA v. Pearson, 187 P.3d 542, 2008 WL 2486132 (Colo. 2008).

Opinion

Justice EID

delivered the Opinion of the Court.

In this appeal, William Kancilia challenges the court of appeals' conclusion that his disability insurance payments can be garnished to satisfy judgments held by two of Kancilia's *543 creditors, Michele Pearson and Denise Fahy. In the midst of Pearson and Fahy's trial against Kancilia involving various tort claims, Kancilia filed for bankruptcy. He claimed his disability insurance payments as exempt property that could not be used to satisfy his pre-bankruptey debts, although he claimed a higher percentage of exemption than was permitted under Colorado law. Ultimately, Pearson and Fahy succeeded on their claims against Kancilia, and sought to garnish his disability insurance payments to satisfy their judgments.

The trial court agreed with Kancilia that because he had claimed his disability insurance payments as exempt property, and because Pearson and Fahy had failed to object to the claimed exemption within the requisite thirty-day period, the payments were protected from garnishment, even though Pearson and Fahy held nondischargeable debt that survived the close of the bankruptcy proceedings. The court of appeals reversed, holding that a claimed exemption lacking statutory authority does not protect the exempt asset from garnishment following the conclusion of the bankruptey proceedings by creditors holding nondischargeable debt, even though those creditors failed to timely object to the claimed exemption. Pearson v. Kancilia, 165 P.3d 775, 779 (Colo.App.2006).

We now reverse. First, we conclude that, under Taylor v. Freeland & Kronz, 503 U.S. 638, 112 S.Ct. 1644, 118 L.Ed.2d 280 (1992), when assets such as Kancilia's disability insurance payments are claimed as exempt property, that exemption becomes final if not objected to within the requisite thirty-day period, even where the exemption lacks a statutory basis. Because Kancilia's claimed exemption was not objected to within the requisite thirty-day period by Pearson and Fahy (nor by any other creditor or interested party), the exemption became final and cannot now be challenged. Second, we hold that under the plain language of the United States Bankruptey Code, exempt property is not liable during or after the bankruptcy case for "any debt" of the debtor that arose before the commencement of the bankruptcy proceedings, even nondischargeable debt, with four enumerated exceptions. Because Pearson and Fahy's nondischargeable debt does not fall into one of those exceptions, they cannot garnish Kancilia's disability insurance payments and must look to his other assets to satisfy their judgments against him.

I.

Petitioner Kancilia was a practicing chiropractor in 1993 when he became involved in sexual relationships with Respondents Pearson and Fahy, who were his patients and later became his employees. Pearson and Fahy eventually sued Kancilia under several civil claims, including assault and battery, negligent infliction of emotional distress, outrageous conduct, invasion of privacy, negligence, and breach of contract. While the litigation was pending, on September 11, 1998, Kancilia filed a voluntary Chapter 7 petition in bankruptey pursuant to the United States Bankruptey Code, 11 U.S.C. §§ 101-1532. The federal bankruptey court initially entered an automatic stay of the state court trial, but on March 5, 1999, it granted Pearson and Fahy relief from the stay so that they could proceed against Kan-cilia in state court on their civil claims. Following the trial, Pearson and Fahy were awarded compensatory and punitive damages on their claims for negligence, outrageous conduct, and invasion of privacy. The jury awarded Pearson approximately $400,000 and Fahy nearly $300,000. The judgments were affirmed on appeal. See Pearson v. Kancilia, 70 P.3d 594 (Colo.App.2003).

Pearson and Fahy sought to have their judgments excepted from discharge in the bankruptey proceedings pursuant to 11 U.S.C. section 528(a)(6), and the parties stipulated that the judgments were in fact non-dischargeable debt. On November 2, 2001, Pearson and Fahy initiated state court garnishment proceedings against Kanecilia. 1 On April 28, 2004, Pearson and Fahy served a writ of continuing garnishment on Jefferson Pilot Life Insurance Company. Jefferson Pilot's answer to the writ stated that the company owed Kancilia monthly disability insur *544 ance payments in the amount of $7,967, based on three disability policies that Kanci-lia had purchased prior to his filing for bank-ruptey. Further, Jefferson Pilot stated that section 10-16-212, C.R.S., provided an exemption of $200 per month. Accordingly, it paid $200 to Kancilia and paid the balance for the month, $7,767, to the court.

Kancilia filed an objection to the garnish ee's calculation of exempt earnings. First, he asserted that pursuant to section 18-54-104(2)(a)(I)(A), C.R.S., only twenty-five percent of his disability insurance payments could be subject to garnishment. Second, he contended that in any event, under 11 U.S.C. section 522(F), his disability insurance payments were completely exempt from garnish, ment. Specifically, on Schedule B of his bankruptey petition, Kancilia had listed three Metropolitan Life disability life insurance policies (# 668747, # 686258, and # 70200) as personal property, and claimed their value as "unknown." On "Schedule C-Property Claimed as Exempt," Kancilia had claimed two exemptions: (1) Wages, Commissions, Disability Insurance, section 183-54-104, C.R.S., and (2) Disability Life Insurance Policies and payments therefrom, section 13-54-104(8)(b)(II), C.R.S. The value of the exemptions was listed as one hundred percent.

Two inaccuracies existed in Kancilia's claim of exemption. First, the referenced statutory section, section 18-54-104(8)(b)(II), did not support the claimed exemption. That section relates to the exemption available when the debtor is supporting a spouse or dependent children, and was not relevant in Kancilia's case. Different provisions, see-tions 18-54-104(1)(b)(I)(B) and (2)(a)(D(A), provide a seventy-five percent exemption for "earnings," which include disability insurance benefits. As a result, Kaneilia's claimed one hundred percent exemption was not supported by the applicable law. The second inaccuracy was the fact that the bankruptcy schedule listed the policies as issued by Metropolitan Life, rather than Jefferson Pilot Life Insurance Company.

Kancilia noted in his objection to the calculation of exempt earnings that neither Pearson nor Fahy (nor any other creditor or interested party) objected to his claimed exemption within the requisite thirty-day period under Federal Rule of Bankruptcy Procedure 4003(b). As a result, Kancilia claimed that his disability insurance payments were fully exempt from garnishment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Taylor v. Freeland & Kronz
503 U.S. 638 (Supreme Court, 1992)
S & C Home Loans, Inc. v. Farr (In Re Farr)
278 B.R. 171 (Ninth Circuit, 2002)
In Re Karrer
183 B.R. 177 (N.D. Iowa, 1994)
Pearson v. Kancilia
165 P.3d 775 (Colorado Court of Appeals, 2007)
Pearson v. Kancilia
70 P.3d 594 (Colorado Court of Appeals, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
187 P.3d 542, 2008 WL 2486132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kancilia-v-pearson-colo-2008.