McCord v. Agard

252 F.3d 113, 2001 WL 578569
CourtCourt of Appeals for the Second Circuit
DecidedMay 30, 2001
DocketDocket No. 00-5051
StatusPublished
Cited by3 cases

This text of 252 F.3d 113 (McCord v. Agard) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCord v. Agard, 252 F.3d 113, 2001 WL 578569 (2d Cir. 2001).

Opinion

BACKGROUND

McLAUGHLIN, Circuit Judge:

Today we are called upon to interpret certain sections of the Bankruptcy Code, 11 U.S.C. § 101 et seq. (the “Code”), to resolve a dispute concerning a three-bedroom house in Cambria Heights, Queens County, New York (the “Property”).

In September 1997, as creditors circled above him, Ainsley Bean (“Bean” or the “Debtor”) contracted to sell the Property for $165,000 to the defendants, first-time home buyers Joan Nurse Agard, Lynette Nurse, and Rossell Simeon (the “Purchasers”). The purchase price was financed with a $164,520 mortgage from defendant Premier Mortgage Company (“PMC”) (collectively with the Purchasers, the “Defendants”). Shortly thereafter, Bean’s fortunes dimmed further and, on October 21, 1997, he filed a voluntary Chapter 11 bankruptcy petition with the United States Bankruptcy Court for the Eastern District of New York. The case was assigned to Bankruptcy Judge Holland. After surveying the wreckage of Bean’s finances, on December 23, 1997, Judge Holland converted the case into a Chapter 7 liquidation proceeding. He appointed the plaintiff, Richard J. McCord, as trustee of Bean’s bankruptcy estate (the “Trustee”).

That very same December day, the Purchasers closed title on the Property. With the proceeds from the sale, Bean satisfied two old mortgages totaling $87,761.65, paid a broker’s commission of $9,990 and paid city and state transfer taxes of $2,310. Bean then turned over the remaining proceeds, $59,949.35, to the Trustee.

It is undisputed that, at the closing, the Purchasers’ attorney had a title report that noted a pending Chapter 11 bankruptcy proceeding in Bean’s name. Inexplicably, however, the Purchasers claim they never had actual knowledge of the pen-dency of the bankruptcy proceeding.

Three months after the sale, the Trustee commenced this adversary proceeding in the bankruptcy court, claiming that the December sale of the Property to the Purchasers was an unauthorized post-petition transfer under § 549(a) of the Code. 11 U.S.C. § 549(a). The Trustee brought this litigation even though Bean had already turned over the net proceeds of $59,949.35 and the Trustee was in the process of recovering the broker’s fee.

The Trustee quickly moved for summary judgment against the Defendants, demanding both recovery of the Property, plus the payment of its fair market value to the estate. He also sought to cancel the PMC mortgage that financed the sale. The Defendants cross-moved for summary judgment, seeking dismissal of the Trustee’s complaint. The bankruptcy court granted summary judgment to the Trustee together with all the relief that he had requested. The Defendants appealed that ruling to the United States District Court for the Eastern District of New York (Block, /.).

Before the district court, the Trustee immediately conceded that the bankruptcy court had obviously erred in giving him a double recovery by ordering that: (1) Purchasers turn over the title to the Property; (2) Defendants pay a money judgment in the amount of the Property’s fair market value; and (3) PMC’s mortgage against the Property be discharged. In re Ainsley H. Bean, 251 B.R. 196, 200 (E.D.N.Y.2000). The Trustee asked the district court to affirm only that part of the judgment awarding the Property’s fair market value to the Trustee (a judgment that would presumably be paid by the title insurance company). Id.

However, under a withering line of questioning from the court, the Trustee made [116]*116two other significant concessions: (1) the $165,000 paid by the Purchasers was the fair market value of the Property; and (2) if the Trustee, rather than the Debtor, had sold the Property, he would not have realized more than the approximately $60,000 net proceeds, representing the equity, which Bean had already turned over. Id. at 201. When Judge Block asked the Trustee’s attorney why he brought this action (because there did not appear to be any damage to the estate) the attorney candidly admitted that it was “unquestionably punitive.” Id. The Trustee had to confess that the award of fair market value-$165,000-amounted to “a windfall to the creditors, of course.” He claimed, nevertheless, that it was justified as a punishment that should be visited on the Purchasers (and, more importantly, their title insurance company) for violating, even unwittingly, the Code’s ban on post-petition transfers of assets.

The district court was unimpressed by the Trustee’s penological theory of the Code and reversed the judgment of the bankruptcy court in its entirety, dismissing the Trustee’s complaint against the Defendants. Id. at 206. Furthermore, having found that the instant lawsuit was “a textbook example of purposeless litigation by a trustee,” id. at 205, the district court took the unusual step of concluding, sua sponte, that the prosecution of the action was a gross abuse of the Trustee’s discretion. Id. at 206. The district court therefore advised the bankruptcy court against compensating the Trustee and his counsel for their services in the action. The Trustee now appeals from the judgment of the district court.

DISCUSSION

A. Merits of the Cross-Motions for Summary Judgment

When it is acting as an appellate court in a bankruptcy case, a district court’s rulings are subject to plenary review. In re Momentum Mfg. Corp., 25 F.3d 1132, 1136 (2d Cir.1994). Therefore, this Court reviews the bankruptcy court’s determinations of law de novo and accepts its findings of fact unless they are clearly erroneous. In re Bell, 225 F.3d 203, 209 (2d Cir.2000).

The precise question is whether § 550(a)(1) of the Code requires a bankruptcy court to permit a trustee to recover from the transferee and for the benefit of the estate, the fair market value of property that was the subject of an avoidable transfer, even after that trustee has already recovered the equity value of the property from the transferor. We have not previously addressed this particular issue. This should come as little surprise for it is the rare bankruptcy trustee that has the audacity to bring such a claim.

Section 541 of the Code defines the bankruptcy estate: “Such estate is comprised of ... all legal or equitable interests of the debtor in property as of the commencement of the case.” 11 U.S.C. § 541(a)(1). The Code allows a trustee to set aside any transfer of property of the estate occurring after the debtor files for bankruptcy, except for real property transactions where the purchaser, in good faith and for fair market value, takes title without knowledge of the petition. See 11 U.S.C. § 549(c). The Purchasers here cannot find a safe harbor in this good faith exception because they had constructive knowledge of the bankruptcy proceeding through their title report.

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Related

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N.D. New York, 2021
In Re Bean
252 F.3d 113 (Second Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
252 F.3d 113, 2001 WL 578569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccord-v-agard-ca2-2001.