Lynch v. Tate (In Re Lynch)

299 B.R. 776, 2003 U.S. Dist. LEXIS 18426, 2003 WL 22351302
CourtDistrict Court, W.D. North Carolina
DecidedOctober 14, 2003
DocketCiv. 1:03CV131
StatusPublished
Cited by4 cases

This text of 299 B.R. 776 (Lynch v. Tate (In Re Lynch)) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lynch v. Tate (In Re Lynch), 299 B.R. 776, 2003 U.S. Dist. LEXIS 18426, 2003 WL 22351302 (W.D.N.C. 2003).

Opinion

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Appellants’ appeal from the decision of Chief U.S. Bankruptcy Court Judge George R. Hodges sustaining an objection to confirmation of the Appellants’ Chapter 13 Plan of Reorganization under the Bankruptcy Code.

I. STANDARD OF REVIEW

The decision of a bankruptcy court is reviewed by a two-step process. Reversal of the findings of fact of the bankruptcy court may occur only where the findings are clearly erroneous. In re Deutchman, 192 F.3d 457, 459 (4th Cir.1999). The conclusions of law of the bankruptcy court are reviewed de novo. Id. Findings of fact are clearly erroneous “when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed”. In re Green, 934 F.2d 568, 570 (4th Cir.1991) (citing In re First Federal Corp., 42 B.R. 682, 683 (W.D.Va.1984)). As stated by the Supreme Court:

If the [lower court’s] account of the evidence is plausible in light of the record viewed in its entirety, the [appellate court] may not reverse it even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.

Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 574, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (citations omitted).

In addition, due regard must be given to the opportunity of the bankruptcy court to judge the credibility of witnesses. In re Tudor Assocs., Ltd., II, 20 F.3d 115, 119 (4th Cir.1994); Fed. R. Bankr. 8013.

II. PROCEDURAL HISTORY

Appellants filed for Chapter 13 relief on February 1, 2003. Appellants’ Opening Brief, filed August 21, 2003, at 6. They proposed a plan of reorganization which would pay 20 percent of the claims of their unsecured creditors by making payments of $450 per month. Order Sustaining Objection to Confirmation, filed May 15, 2003, attached to Notice of Appeal, at 1. The Appellants included in their budget a monthly expenditure for “school tuition and after school care (religious school)” in the amount of $567 per month. Brief, supra. The Chapter 13 Trustee advised the Appellants that unless they could make a higher Plan payment each month, he would object to the budgeted amount of $567 for the private school tuition based on disposable income. Id. Because the Appellants did not believe they could meet any higher payment under the Plan, the Trus *778 tee objected and the Bankruptcy Court sustained the objection. Id., at 6-7.

The Bankruptcy Court found that the Bankruptcy Code requires debtors to devote all disposable income to the payment of creditors in a Chapter 13 reorganization. Order, supra. Judge Hodges also noted that the definition of disposable income included any income which was not reasonably necessary for the maintenance and support of the debtor and his or her dependants. Id., at 2. The Bankruptcy Court held:

Application of [the relevant legal] factors to this case requires the finding that the proposed expense [for private school tuition] is not reasonably necessary. The debtors’ Plan proposes to pay only 20% of their unsecured debts — the bare minimum that this court will confirm under any circumstances. The amount of the budgeted expense for private school tuition is greater than the amount proposed to be paid to all unsecured creditors. There are no special needs for private education here — notwithstanding the debtors’ strongly held beliefs — and there has been no demonstration that the debtors’ desires can be accomplished in no other manner. Finally, the rest of the debtors’ budget is far from Spartan, and is as the Trustee observed “generous” to the debtors.

Id., at 2-3. The Appellants have appealed this ruling on both substantive and procedural grounds.

III. STATEMENT OF FACTS FROM THE RECORD ON APPEAL

Included in the Appellants’ designation of record is a copy of their petition in bankruptcy which discloses they own two parcels of real estate having a combined value of $164,500. Voluntary Petition, attached to Designation of Record on Appeal, filed August 6, 2003. The total amount owed unsecured creditors holding nonpriority claims is $33,768. Id. The total combined net monthly income of the Appellants, who are married, is $4,608.69. Id. Their total monthly expenses, including the private school tuition, is $4,154.77, which leaves the amount of $450 which they propose to pay to the unsecured creditors. Id. It is the monthly sum of $567 for the private school tuition for the Appellants’ two children to which the Trustee filed an objection.

Because Judge Hodges did not take any testimony from witnesses during the hearing on the Trustee’s objection, Appellant Elizabeth Lynch wrote to him to explain why private school is essential for her children. Letter, dated April 25, 2003, attached to Designation, supra. She noted that her 12-year-old son is academically advanced by comparison to students at a local state funded charter school and a private school. Id. Her 4-year-old daughter is in kindergarten at a private school and is reading, writing and doing simple math. Id. “The public schools in our area are only teaching the alphabet in the 5 year-old kindergarten classes” and her daughter has already progressed beyond that skill. Id.

Both my children are used to strict Christian discipline and are well adjusted, well behaved young people. Both of these schools reinforce mine (sic) and my husband’s strong Christian beliefs, value system and discipline. These schools have our children nine hours a day sometimes. This is longer than we have with them at home on some days. I consider it crucial that they be exposed to an environment that is conducive to our Christian beliefs during their time at school. Both schools have conscientious, Christian teachers who are committed to being good Christ-like examples to my children throughout the school day. *779 This is more precious to me than anything. Removing my children from these wonderful learning environments would be to the detriment of my children. In addition, both schools have small class sizes and both schools do not teach evolution as fact, but as theory.
Please consider my children’s welfare and don’t punish them by taking away their right and privilege of a Christian education.

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

Related

In re Maura
491 B.R. 493 (E.D. Michigan, 2013)
In Re Meyer
467 B.R. 451 (E.D. Wisconsin, 2012)
In Re Cleary
357 B.R. 369 (D. South Carolina, 2006)
Watson v. Boyajian (In Re Watson)
403 F.3d 1 (First Circuit, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
299 B.R. 776, 2003 U.S. Dist. LEXIS 18426, 2003 WL 22351302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-tate-in-re-lynch-ncwd-2003.