Lim v. Greenfield

65 F. App'x 549, 65 Fed. Appx. 549, 65 F. App’x 549, 2003 U.S. App. LEXIS 11519, 2003 WL 21321037
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 6, 2003
DocketNo. 02-1164
StatusPublished
Cited by4 cases

This text of 65 F. App'x 549 (Lim v. Greenfield) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lim v. Greenfield, 65 F. App'x 549, 65 Fed. Appx. 549, 65 F. App’x 549, 2003 U.S. App. LEXIS 11519, 2003 WL 21321037 (6th Cir. 2003).

Opinion

PER CURIAM.

Defendants Mark Leslie Greenfield and Shelley Brook Greenfield appeal from the grant of summary judgment in favor of the trustee in this bankruptcy adversary proceeding. Defendants argue that the bankruptcy court erred in avoiding the transfer of certain real property and a Cadillac Seville automobile because (1) the bankruptcy court did not have jurisdiction over the real property because the trustee did not object to the debtor’s claimed exemption in the property; (2) the transfer of the property from the debtor, Mark Greenfield, to himself and Shelley Brook Greenfield was supported by consideration in the form of the waiver of Shelley’s dower and homestead interests; and (3) the trustee failed to show that Shelley Brook Greenfield did not contribute to the $5000 taken [551]*551from joint funds to purchase the automobile. After review of the record and the arguments presented on appeal, we find no error and affirm.

I.

Mark Greenfield purchased a home in Clinton Township, Michigan in 1997. On April 13, 1999, he married Shelley Brook. On April 19,1999, he transferred the property to himself and his wife by quitclaim deed.

Shelley Greenfield brought a Dodge Spirit automobile to the marriage, which she later sold for $3800. After their marriage, a Cadillac Seville was purchased for Shelley for $8800. Defendants claim the purchase price was paid with $3800 from the sale of Shelley’s Dodge Spirit and “joint funds from her husband ... and herself.”

Mark Greenfield filed for bankruptcy on September 9, 1999, approximately five months after his marriage to Shelley. He claimed an exemption for the Clinton Township property in the amount of $16,500 pursuant to 11 U.S.C. § 522(d)(1).1 The trustee did not object to the exemption.

The trustee timely commenced this adversary proceeding to avoid the transfer of the real property and the Cadillac Seville pursuant to 11 U.S.C. § 548. On the parties’ cross motions, the bankruptcy court granted summary judgment to the trustee. The bankruptcy court avoided the transfer of the real property after finding that it was made without consideration. With respect to the Cadillac Seville, the bankruptcy court entered judgment in the amount of $5000 against Shelley Greenfield. This represented the difference between the money from the sale of Shelley’s Dodge Spirit and the purchase price of the Cadillac Seville. The district court affirmed the decision, and this appeal followed.

II.

We review de novo the district court’s decision affirming a grant of summary judgment by a bankruptcy court. See Kentucky Cent. Ins. Co. v. Brown, 177 F.3d 439, 443 (6th Cir.1999). We review the bankruptcy court’s conclusions of law de novo and its factual findings for clear error. See Corzin v. Fordu, 201 F.3d 693, 711 n. 1 (6th Cir.1999).

A. Jurisdiction Over the Real Property

The Bankruptcy Code allows a debtor to prevent distribution of certain property by claiming an exemption. 11 U.S.C. § 522(b). The trustee or any creditor may file objections within 30 days after the conclusion of the creditors meeting or the filing of any amendment to the creditors list or supplemental schedules unless further time is granted by the bankruptcy court. Fed. R. Bankr. P. 4003(b). In Taylor v. Freeland & Kronz, 503 U.S. 638, 643-44, 112 S.Ct. 1644, 118 L.Ed.2d 280 (1992), the Supreme Court held that a trustee cannot contest the validity of a claimed exemption after the 30-day period had expired, even if the debtor had no colorable basis for claiming the exemption. We have held that Rule 4003(b) should be viewed as jurisdictional. Rogers v. Laurain, 113 F.3d 595, 597 (6th Cir.1997).2

The time period for filing an avoidance proceeding under § 548 is longer than the time period for objecting to an exemption claimed under § 522. An avoidance proceeding must be commenced within two [552]*552years after the appointment of the trustee or before the time the case is closed, whichever is earlier. 11 U.S.C. § 546(a).

Several courts have rejected the argument that the trustee’s failure to object to an exemption precludes an action to avoid the transfer of property under § 548. In Levine v. Weissing, 134 F.3d 1046, 1053 (11th Cir.1998), the Eleventh Circuit held that because the trustee was seeking to avoid a transfer and was not challenging an exemption, the two-year period under § 548, rather than the 30-day period under Rule 4003(b), controlled. In In re McNamara, 273 B.R. 132, 135-36 (E.D.Mich.2002), the bankruptcy court also found that a trustee’s avoidance powers were not governed by the 30-day period for objections to exemptions. The court noted that the two remedies are distinct and that avoiding a transfer as opposed to merely sustaining an objection to an exemption for property held under a tenancy in the entireties increases the amount of property available to satisfy the claims against the bankruptcy estate.

In this case, the debtor did not claim an exemption for the entire property under § 522(b)(2)(B) (applicable to entire-ties property). Instead, he claimed an exemption under § 522(d)(1), which is limited to a dollar value of $16,150. Thus, even accepting defendants’ argument, the bankruptcy court would have retained jurisdiction over the property because the debtor did not exempt the entire property. See In re Bregni, 215 B.R. 850, 852 (E.D.Mich. 1997) (debtor’s property remains property of the estate to the extent its value exceeds the statutory amount which the debtor is permitted to exempt).

In addition, the trustee’s ability to object to a claimed exemption and avoid a transfer are distinct and independent powers. Because the trustee did not object within the 30-day period, Mark Greenfield will receive the $16,150 exemption whether or not the transfer of the property is voided. The decision under § 548 instead will affect how the remaining value of the property can be used to satisfy the claims of creditors. If the transfer is upheld, the trustee can sell the property under only the conditions prescribed in 11 U.S.C. § 363(h)-(j). Mark Greenfield will receive his $16,150 exemption and Shelley Greenfield will take her share under § 363(j). The remaining amount will be part of the bankruptcy estate to satisfy creditor claims.

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Bluebook (online)
65 F. App'x 549, 65 Fed. Appx. 549, 65 F. App’x 549, 2003 U.S. App. LEXIS 11519, 2003 WL 21321037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lim-v-greenfield-ca6-2003.