Lieberman v. Hawkins (In re Lieberman)

260 F.3d 1090
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 13, 2001
DocketNo. 00-15006
StatusPublished

This text of 260 F.3d 1090 (Lieberman v. Hawkins (In re Lieberman)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lieberman v. Hawkins (In re Lieberman), 260 F.3d 1090 (9th Cir. 2001).

Opinion

DAVID R. THOMPSON, Circuit Judge:

When Fred Lieberman reached 65 years of age, he sold his business. The buyer agreed, in part, to pay him $13,600 per calendar quarter over a ten-year period for his three-year covenant not to compete. When the sale closed, Lieberman retired.

Several years later, the Liebermans filed a Chapter 7 bankruptcy petition. They contended the quarterly payments were exempt from claims of their creditors, pursuant to California Code of Civil Procedure (Cal.Civ.Proc.Code) § 704.115(a)(1), which provides an exemption for “private retirement plans.” The bankruptcy court denied the exemption claim, the district court affirmed, and this appeal followed.1

We have jurisdiction pursuant to 28 U.S.C. § 158(d), and we affirm. We conclude the California legislature intended the exemption provided by Cal.Civ.Proc. Code § 704.115(a)(1) to apply to a retirement plan created by a private employer or employee organization, as opposed to an arrangement by an individual to use specified assets for retirement purposes. Accordingly, we agree with the bankruptcy and district courts, and hold that the quarterly payments are not exempt as a “private retirement plan” under Cal.Civ.Proc. Code § 704.115(a)(1).

FACTS

In 1991, when Fred Lieberman sold his business and retired, he had no investments, no retirement accounts, and no annuities. He planned that he and his wife would use the ten-year income stream from the non-competition agreement, and their social security benefits, to support them in their retirement. They had no other source of income.

The Liebermans’ golden years turned out to be quite different from what they expected. Their daughter died giving birth to their granddaughter. Their son-in-law turned the care of the granddaughter over to his parents. In 1996, the granddaughter’s welfare was placed in jeopardy, and the Liebermans took legal steps to gain her custody. They incurred substantial expense for travel, attorney fees, counseling and support, all for their grandchild. Mr. Lieberman also had hip-replacement surgery. Between medical expenses for the hip replacement, and expenses related to their granddaughter, the Liebermans found themselves unable to pay their bills, and they filed for Chapter 7 bankruptcy.

In their amended schedules filed in the bankruptcy proceeding, the Liebermans claimed that the payments from the non-competition agreement, which they valued at $272,000, were exempt from inclusion in their bankruptcy estate, because the payments constituted a “private retirement plan” under Cal.Civ.Proc.Code § 704.115(a)(1). The bankruptcy court disallowed the exemption, and the district court affirmed that ruling.

DISCUSSION

The scope of an exemption under Cal.Civ.Proc.Code § 704.115 is a question of law, which we review de novo. See Bloom v. Robinson (In re Bloom), 839 F.2d 1376, 1378 (9th Cir.1988). The statute provides in relevant part:

(a) As used in this section, “private retirement plan” means:
[1092]*1092(1) Private retirement plans, including, but not limited to, union retirement plans.
(2) Profit-sharing plans designed and used for retirement purposes.
(3) Self-employed retirement plans and individual retirement annuities or accounts provided for in the Internal Revenue Code of 1986, as amended, including individual retirement accounts qualified under Section 408 or 408A of that code, to the extent the amounts held in the plans, annuities, or accounts do not exceed the maximum amounts exempt from federal income taxation under that code.
(b) All amounts held, controlled, or in process of distribution by a private retirement plan, for the payment of benefits as an annuity, pension, retirement allowance, disability payment, or death benefit from a private retirement plan are exempt.
. . . . .
(d) After payment, the amounts described in subdivision (b) and all contributions and interest thereon returned to any member of a private retirement plan are exempt.
(e) Notwithstanding subdivisions (b) and (d), except as provided in subdivision (f), the amounts described in paragraph (3) of subdivision (a) are exempt only to the extent necessary to provide for the support of the judgment debtor when the judgment debtor retires or for the support of the spouse and dependents of the judgment debtor, taking into account all resources that are likely to be available for the support of the judgment debtor when the judgment debtor retires....

Cal.Civ.Proc.Code § 704.115 (2000).

Mrs. Lieberman contends that the ten-year stream of income from the non-competition agreement qualifies as a “private retirement plan” under § 704.115(a)(1) because it was designed and used to support her and her husband in their retirement. See Bloom, 839 F.2d at 1378 (stating that the fundamental inquiry in determining whether a private retirement plan qualifies for exemption is whether the plan was designed and used for a retirement purpose); DeMassa v. MacIntyre (In re MacIntyre), 74 F.3d 186, 188 (9th Cir.1996) (stating that the purpose of § 704.115 “is to safeguard a stream of income for retirees at the expense of bankruptcy creditors.”).

According to Mrs. Lieberman, “[t]he language of § 704.115(a)(1) is reasonably susceptible to an interpretation that, regardless of its label, any device by which a debtor, in good faith, establishes a stream of income for receipt and use to support himself or herself and his or her dependents in his or her retirement years, is an exempt ‘private retirement plan.’ ” Because exemption statutes are to be liberally construed for the benefit of the debtor, see Schwartzman v. Wilshinsky, 50 Cal.App.4th 619, 57 Cal.Rptr.2d 790, 797 (1996), Mrs. Lieberman contends we should interpret Cal.Civ.Proc.Code § 704.115(a)(1) as she suggests.

In interpreting the statute, we apply California rules of construction. See Lares v. West Bank One (In re Lares), 188 F.3d 1166, 1168 (9th Cir.1999). Under California law, the cardinal rule of statutory construction is to determine the intent of the legislature. See Drouet v. Superior Court, 86 Cal.App.4th 1237, 104 Cal. Rptr.2d 159, 169 (2001). To determine that intent, a court looks first to the language of the statute and gives effect to its plain meaning. See Hale v.

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

Related

Ogle v. Heim
442 P.2d 659 (California Supreme Court, 1968)
In Re Phillips
206 B.R. 196 (N.D. California, 1997)
In Re Witwer
148 B.R. 930 (C.D. California, 1992)
In Re Rogers
222 B.R. 348 (S.D. California, 1998)
Schwartzman v. Wilshinsky
50 Cal. App. 4th 619 (California Court of Appeal, 1996)
Drouet v. Superior Court
104 Cal. Rptr. 2d 159 (California Court of Appeal, 2001)
Hale v. Southern California Ipa Medical Group
103 Cal. Rptr. 2d 773 (California Court of Appeal, 2001)
DeMassa v. MacIntyre (In re MacIntyre)
74 F.3d 186 (Ninth Circuit, 1996)
Lares v. West One Bank
188 F.3d 1166 (Ninth Circuit, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
260 F.3d 1090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lieberman-v-hawkins-in-re-lieberman-ca9-2001.