Kleinsmith v. Alcoa Employees & Community Credit Union (Kleinsmith)

361 B.R. 504, 2006 Bankr. LEXIS 3891
CourtUnited States Bankruptcy Court, S.D. Iowa
DecidedDecember 29, 2006
DocketBankruptcy No. 05-04233; Adversary No. 06-30105
StatusPublished
Cited by1 cases

This text of 361 B.R. 504 (Kleinsmith v. Alcoa Employees & Community Credit Union (Kleinsmith)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kleinsmith v. Alcoa Employees & Community Credit Union (Kleinsmith), 361 B.R. 504, 2006 Bankr. LEXIS 3891 (Iowa 2006).

Opinion

ORDER RE: COMPLAINT

PAUL J. KILBURG, Bankruptcy Judge.

This matter came before the undersigned for ruling on stipulated facts and briefs in lieu of trial. The time for filing briefs has now passed and this matter is ready for resolution. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(B) and (K).

STATEMENT OF THE CASE

Debtor seeks judgment against Alcoa Employees and Community Credit Union for amounts it set off against Debtor’s [506]*506accounts at the Credit Union. He asserts two of the accounts are exempt child support and the other account is his daughter’s. The Credit Union asserts it is entitled to setoff based on consensual liens granted by Debtor.

FINDINGS OF FACT

The parties opted to submit this matter on stipulated facts and briefs in lieu of trial. The Court will make findings of fact based on the parties’ stipulation and other documents in the record.

Debtor filed his Chapter 7 case on June 10, 2005. He initiated this adversary proceeding on March 16, 2006. The complaint asserts the Credit Union improperly set off Debtor’s accounts and asks for judgment of $1,000.

On the petition date, there were three accounts at the Credit Union under Debt- or’s name with the following balances:

Account Balance on No. Owners 6/10/2005

112010 Michael and Tammy Kleinsmith $ 31.06

523540 Michael and Tammy Kleinsmith 139.51

439300 Lindsey, Tammy and Michael Kleinsmith 264.65

Pursuant to the stipulated facts, the first two accounts consist solely of child support funds. On Debtor’s amended Schedules B and C, he lists “Child support account at Alcoa Credit Union” with a value of $900 and claims it exempt under Iowa Code sec. 627.6(8)(d). By October 31, 2005, the balance in the second account was $694.59. Debtor asserts that the third account belongs to his daughter, although he is also named as an owner.

The Credit Union has a claim against Debtor of approximately $1,404 from a revolving loan account. Postpetition, the Credit Union placed an administrative hold on all three accounts in Debtor’s name. In its brief, the Credit Union states it has not set off the accounts and the deposits in the accounts remain awaiting the Court’s decision.

The parties stipulate that Debtor entered into a Membership and Account Agreement with the Credit Union when he became a member. Paragraph 3(c) provides that the Credit Union may enforce its rights “against any account of an owner or all funds in a joint account regardless of who contributed them.” Paragraph 19 provides that Debtor grants the Credit Union a lien on all accounts to secure all obligations he has to the Credit Union.

The parties additionally stipulate that Debtor has incurred approximately $1,000 in attorney fees and costs in pursuit of this matter. In his brief, Debtor asserts the Credit Union willfully violated the automatic stay by seizing the funds in his accounts and requests an award of attorney fees.

CONCLUSIONS OF LAW

There are several questions to be answered in this adversary proceeding. The Court must determine the extent of the Credit Union’s rights, whether the Credit Union may use setoff to enforce its rights against Debtor’s exempt property, whether the Credit Union may use setoff against a joint account and whether the Credit Union violated the automatic stay.

CREDIT UNION’S RIGHTS

As an initial matter, the Court notes that the Credit Union’s claim, and rights to setoff, are fixed at the time Debt- or filed his bankruptcy petition. See In re Wade, 354 B.R. 876, 880-81 (Bankr. N.D.Iowa 2006). Post-petition appreciations in the value of property inure to the benefit of the debtor. Id. Under this principle, the Credit Union has no rights in any funds deposited in Debtor’s accounts postpetition.

The Credit Union asserts a contractual lien in the accounts in Debtor’s name. In the Northern District of Iowa, the Bank[507]*507ruptcy Court has stated that “[t]he reservation of a security interest by a financial institution in deposits held by that institution only reserves to the financial institution the right of setoff and does not create a substantive hen in the depositor’s accounts.” In re Hinderks, 1989 WL 484164, at *7 (Bankr.N.D.Iowa 1989) (Melloy, J.). The Hinderks court noted, however, that the credit union had a statutory lien under Iowa Code sec. 533.12. Sec. 533.12 was amended in 2004 to remove the language which grants a credit union a lien on the shares and deposits of its members. 2004 Iowa Acts ch. 1141, § 42. Based on the foregoing, the Court concludes that the Credit Union does not have a contractual or statutory lien on Debtor’s accounts. Rather, the membership agreement reserves to the Credit Union a right of set-off.

SETOFF AGAINST EXEMPT PROPERTY

The Hinderks case also addressed the issue of whether a credit union’s right of setoff applies against exempt property. Id. at *7-8. The court stated: “Were it not for the statutory lien, the Court would be inclined to find that the Credit Union’s contractual lien reserved to the Credit Union only the right of setoff, which would not apply against exempt property.” Id. at *8. This is based on Iowa case law related to the issue. In Banks v. Rodenbach, 54 Iowa 695, 7 N.W. 152 (Iowa 1880), the court found that a debtor’s exempt earnings were not subject to setoff. Likewise, in Millington v. Laurer, 89 Iowa 322, 56 N.W. 533, 535 (Iowa 1893), the court applied the statute exempting personal earnings from attachment or execution to bar a judgment creditor from reaching such earnings through setoff. The court noted that laws exempting property of debtors are to be liberally construed. Id. at 534. It concluded: “The defendant could not have appropriated the [exempt] money in controversy by means of an execution, — the ordinary method of enforcing a judgment, — but seeks to accomplish what he is prohibited from doing directly by indirect means. This the law will not permit.” Id. at 535; see also Ohio Cas. Ins. Co. v. Galvin, 222 Iowa 670, 269 N.W. 254, 256 (Iowa 1936) (applying Millington); E.G. Knight, Annotation, Availability of Debtor’s exemption to defeat counterclaim or set-off, 106 A.L.R. 1070 (1937) (identifying Iowa as one of the states with the view that exemption precludes counterclaim or set-off). Applying this precedent, the court in Hinderks stated:

The principle that exempt property may not be reached by a creditor through set off is thus an old and established principle in Iowa. The Court therefore finds that the Credit Union does not have the right of setoff in funds of the Debtor’s which are exempt.

Hinderks, 1989 WL 434164, at *7.

A case arising more recently in the Northern District of Iowa appears to be at odds with Hinderks. In In re Allen, 266 B.R. 713, 715 (Bankr.N.D.Iowa 2001), the court held that the federal government had the right to collect debt by offsetting against the debtor’s exempt tax refunds. It noted that the debtor’s right to exempt tax refunds is limited by the government’s right of setoff arising in the federal intercept statute, 26 U.S.C. §

Related

In re Houston
463 B.R. 452 (E.D. Michigan, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
361 B.R. 504, 2006 Bankr. LEXIS 3891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kleinsmith-v-alcoa-employees-community-credit-union-kleinsmith-iasb-2006.