Kurtzman v. Mutual Benefit Life (In re Philips Offset Co.)

152 B.R. 836
CourtDistrict Court, S.D. New York
DecidedApril 8, 1992
DocketBankruptcy No. 92-B-20436
StatusPublished
Cited by1 cases

This text of 152 B.R. 836 (Kurtzman v. Mutual Benefit Life (In re Philips Offset Co.)) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kurtzman v. Mutual Benefit Life (In re Philips Offset Co.), 152 B.R. 836 (S.D.N.Y. 1992).

Opinion

DECISION ON MOTION FOR ORDER DISMISSING OR STAYING ADVERSARY PROCEEDING

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This adversary proceeding was brought by the Chapter 7 trustee on behalf of the debtor, Philips Offset Co., Inc. (“Philips”), against Mutual Benefit Life Insurance Company (“Mutual”). The trustee seeks an order directing Mutual to turnover to the estate the cash surrender value of two life insurance policies, alleged to have values of $2,637.45 and $1,812.38 respectively. Mutual is currently in rehabilitation and is being operated under the auspices of the State of New Jersey pursuant to the Uniform Insurers Liquidation Act NJ.Stat. Ann. §§ 17B: 32-1 et seq. (West 1992) [(“the Uniform Act”)].

Mutual has moved pursuant to Federal Rule of Bankruptcy Procedure 7012, incorporating Federal Rule of Civil Procedure 12(b), to dismiss or stay this adversary proceeding under the principle of abstention codified at 28 U.S.C. § 1334(c)(1). Mutual contends that the restraints ordered by the Superior Court of New Jersey in connection with its rehabilitation give this court cause to grant its motion in the interest of comity with state court actions.

FACTUAL BACKGROUND

On February 20, 1992, an involuntary petition was filed against Philips under Chapter 7 of the Bankruptcy Code. An order for relief was entered on March 23, 1992 pursuant to 11 U.S.C. § 303(h).

On July 16, 1991, a Consent Order To Show Cause With Temporary Restraints (“Consent Order”) was filed in the Superior Court of New Jersey, Chancery Division, Mercer County. The Consent Order provided in paragraph 7:

All ... policyholders ... of Mutual Benefit ... are hereby enjoined and restrained from:
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b. bringing, maintaining or further prosecuting any action at law, suit in equity, special or other proceeding against Mutual Benefit, its estate in receivership or against the Commissioner and his successors in office, as Rehabili-tator thereof, or against the Deputy Re-habilitator....

Defendant’s Memorandum of Law in Support of Motion to Dismiss or Stay Proceeding at 2 (quoting Consent Order, at ¶ 7). It provided in paragraph 15:

“Restraints are hereby imposed on ... payment of cash surrender values ... pending the further order of this court....”

Id. (quoting Consent Order, at 1115). The foregoing restraints remain in full force and effect.

Mutual contends that the Consent Order is entitled to full faith and credit, and that this court should dismiss this adversary proceeding or abstain from deciding it until the rehabilitation pending in the New Jersey State court is complete. The trustee [838]*838argues that federal bankruptcy law supersedes state law, and that therefore this court should hear this adversary proceeding without regard to the state interests. As this decision determines whether or not abstention under 28 U.S.C. § 1334(c)(1) is appropriate, this court does not reach the merits of the trustee’s complaint at this time.

DISCUSSION

Section 1334(c)(1) permits abstention in the interest of justice, comity with State courts, or respect for State laws. Section 1334(c)(1) provides:

(c)(1) Nothing in this section prevents a district court in the interest of justice, or in the interest of comity with State courts or respect of State law, from abstaining from hearing a particular proceeding arising under title 11 or arising in or related to a case under title 11.

28 U.S.C. § 1334(c)(1).

In Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), the United States Supreme Court articulated circumstances under which a federal court should abstain from deciding a case involving state interests. Under the Burford Abstention Doctrine, where a state has created a regulatory scheme, abstention is appropriate to enable a federal court to avoid interfering with that policy.

As read in subsequent cases, Burford stands for the proposition that where a state creates a complex regulatory scheme, supervised by the state courts and central to state interests, abstention will be appropriate if federal jurisdiction deals primarily with state law issues and will disrupt a state’s efforts “to establish a coherent policy with respect to a matter of substantial public concern.”

Lac D’Amiante du Quebec, Ltee. v. American Home Assurance Co., 864 F.2d 1033, 1043 (3d Cir.1988) (quoting Colorado River Water Conservation District v. United States, 424 U.S. 800, 814, 96 S.Ct. 1236, 1244, 47 L.Ed.2d 483 (1976)). See also New Orleans Pub. Serv., Inc. v. Council of City of New Orleans, 491 U.S. 350, 361, 109 S.Ct. 2506, 2514, 105 L.Ed.2d 298 (1989) (Supreme Court summarized circumstances where Burford abstention appropriate).

The Seventh Circuit has enunciated four factors federal courts should weigh in determining whether or not abstention is appropriate where the dispute involves an insurance company. The court should consider (1) whether the suit is based on a cause of action that is exclusively federal; (2) whether difficult or unusual state laws are at issue; (3) whether the suit requires the court to determine issues that are directly relevant to state policy in the regulation of the insurance industry; and (4) whether state procedures indicate a desire to create special state forums to regulate and adjudicate these issues. Hartford Casualty Ins. Co. v. Borg-Warner Corp., 913 F.2d 419, 425 (7th Cir.1990).

In a recent case involving Mutual and the same Consent Order at issue here, a United States District Court in Illinois applied the Burford Doctrine to Mutual’s insurance rehabilitation and abstained from deciding the case. Mondrus v. Mutual Benefit Life Insurance Co., 775 F.Supp. 1155 (N.D.Ill. 1991). The court considered the special state forum which has been created in New Jersey for insurance companies:

The McCarran-Ferguson Act, 15 U.S.C. §§ 1011-1015, specifically authorizes the states to continue serving their traditional role as the preeminent regulators of the insurance industry. Under this regulatory authority, most states, including New Jersey, have adopted complex and comprehensive schemes to govern the rehabilitation and liquidation of insolvent insurers.

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Bluebook (online)
152 B.R. 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kurtzman-v-mutual-benefit-life-in-re-philips-offset-co-nysd-1992.