McManus v. Avco Financial Services of Louisiana, Inc.

681 F.2d 353, 6 Collier Bankr. Cas. 2d 1194
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 26, 1982
DocketNos. 81-3080, 81-3445
StatusPublished
Cited by4 cases

This text of 681 F.2d 353 (McManus v. Avco Financial Services of Louisiana, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McManus v. Avco Financial Services of Louisiana, Inc., 681 F.2d 353, 6 Collier Bankr. Cas. 2d 1194 (5th Cir. 1982).

Opinions

JOHNSON, Circuit Judge:

I.

Two bankruptcy cases, both arising out of Louisiana, have been consolidated for ap[354]*354peal. In the case of McManus v. Avco Financial Services of Louisiana, a husband and wife filed a joint petition for relief under Chapter 13 of the Bankruptcy Act, 11 U.S.C.A. § 1301, et seq. In the couple’s petition and proposed plan, Avco Financial Services of Louisiana (Avco) was listed as an unsecured creditor. Avco, however, in its proof of claim and in a formal rejection of the couple’s proposed plan, established that it was a fully secured creditor. Avco held a promissory note secured by a nonpos-sessory, nonpurchase money security interest in the form of a chattel mortgage on certain household goods and furnishings belonging to the couple and the couple’s dependents. The bankruptcy court for the Western District of Louisiana held a hearing on Avco’s rejection of the couple’s proposed plan on July 23, 1980. The hearing was continued until August 25, 1980. On July 28, 1980, the couple moved to avoid Avco’s lien under 11 U.S.C.A. § 522(f), in order to allow them to exempt their household goods and furnishings from the bankruptcy estate. The Motion for Avoidance was consolidated with Avco’s formal rejection.

Subsequently, the bankruptcy court rendered judgment in favor of Avco and against the couple, upholding Avco’s rejection of the proposed plan and denying the couple’s Motion for Avoidance of Avco’s nonpossessory, nonpurchase money security interest in their household goods and furnishings. The couple appealed this determination to the district court. The district court affirmed the decision of the bankruptcy court and this appeal followed. This Court affirms the judgment of the district court in McManus.

The case of Gipson v. Blazer Financial Services arose in basically the same way. In Gipson, a married couple borrowed money from Blazer Financial Services (Blazer). Security for the debt was in the form of a nonpossessory, nonpurchase money security interest in the couple’s household goods and furnishings. Sometime thereafter, the couple filed a voluntary petition for relief under the Bankruptcy Act and an application to avoid the lien pursuant to 11 U.S.C.A. § 522(f). As in McManus, the couple hoped to avoid the lien in order to exempt their household goods and furnishings from the bankruptcy estate.

In Gipson, the bankruptcy court cancelled Blazer’s nonpossessory, nonpurchase money security interest. Blazer appealed the determination of the bankruptcy court to the district court. The district court affirmed the bankruptcy court’s judgment and this appeal, followed. This Court reverses the judgment of the district court in Gipson.

II.

Section 541 of the Bankruptcy Act dictates that, upon commencement of an action in bankruptcy, all property of the debt- or becomes property of the bankruptcy estate. 11 U.S.C.A. § 541. However, once the property becomes a part of the estate, the debtor then is allowed to exempt certain property. The debtors involved in the consolidated cases contend that, in Louisiana, a nonpossessory, nonpurchase money security interest in household goods and furnishings may be avoided pursuant to 11 U.S.C.A. § 522(f). Such an avoidance would allow the debtors to exempt some of their property from the bankruptcy estate. The creditors involved in the cases sub judi-ce argue that the State of Louisiana, by enacting certain legislation, has precluded such an avoidance.

The first step in resolution of the controversy is an examination of the federal avoidance mechanism the debtors wish to utilize. This mechanism, expressed in 11 U.S.C.A. § 522(f), states in full:

(f) Notwithstanding any waiver of exemptions, the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is-—
(1) a judicial lien; or
(2) a nonpossessory, nonpurchase-money security interest in any—
(A) household furnishings, household goods, wearing apparel, appliances, [355]*355books, animals, crops, musical instruments, or jewelry that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor;
(B) implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debt- or; or
(C) professionally prescribed health aids for the debtor or a dependent of the debtor.

Significantly, the avoidance provisions of section 522(f) are available to debtors seeking to avoid a lien only “to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b)” of section 522. In other words, this federal avoidance section-is not a separate exemption statute. It provides only a limited mechanism for avoiding liens, since the only liens that may be avoided are those impairing an exemption the debtor would have been entitled to receive under section 522(b). Since the invocation of section 522(f) is dependent upon whether a debtor may be legally entitled to an exemption under section 522(b), the second step in resolving the controversy is an examination of section 522(b).

Section 522(b) provides the individual states with a choice of allowing their debtors one of two methods of exempting property from the bankruptcy estate.1 First, depending upon state law, a debtor may be entitled to utilize the federal “laundry list” exemptions specified in section 522(d).2 Use of the federal laundry list is precluded, however, if “the state law that is applicable to the debtor .. . specifically does not ... authorize” its use.3 In those instances in which state law precludes use of the federal laundry list, a debtor may exempt from property of the bankruptcy estate any property that is legally exempt under either (1) federal law other than the previously described laundry list or (2) applicable state or local law.

Section 522(b) expressly grants the states broad discretion and an open-ended opportunity to determine what property may be exempt from the bankruptcy estate, as long as the state law does not conflict with property exempt under federal law other than the laundry list. Significantly, the section does not mandate that debtors be guaranteed a right to exempt particular types of property. The unambiguous language of section 522(b) implicitly indicates a state may exempt the same property included in the federal laundry list, more property than that included in the federal laundry list, or less property than that included in the federal laundry list. The states also may prescribe their own requirements for exemp[356]*356tions,4 which may either circumscribe or enlarge the list of exempt property.

This leads to the third step in the Court’s analysis. Examination of the avoidance provision — 11 U.S.C.A. § 522(f) — reveals it is tied to the exemption provision, 11 U.S.C.A. § 522(b). In turn, examination of 11 U.S.C.A. § 522(b) reveals it is tied to applicable state law. Accordingly, the third step in resolving the present dispute is an evaluation of applicable state law.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
681 F.2d 353, 6 Collier Bankr. Cas. 2d 1194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmanus-v-avco-financial-services-of-louisiana-inc-ca5-1982.