Robbins v. Hall (In re Hall)

569 B.R. 58, 2017 Bankr. LEXIS 1829
CourtUnited States Bankruptcy Court, W.D. Virginia
DecidedJune 30, 2017
DocketCase Number 16-61894
StatusPublished

This text of 569 B.R. 58 (Robbins v. Hall (In re Hall)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robbins v. Hall (In re Hall), 569 B.R. 58, 2017 Bankr. LEXIS 1829 (Va. 2017).

Opinion

MEMORANDUM DECISION

Rebecca B. Connelly, United States Bankruptcy Judge

The United States Trustee asserts that the totality of Mr. Hall’s financial circumstances demonstrates abuse of the provisions of chapter 7 óf the Bankruptcy Code under section 707(b)(3)(B). On this basis, the United States Trustee moves this Court to dismiss Mr. Hall’s case pursuant to section 707(b)(1). For the reasons set forth below, the Court- denies the United States Trustee’s motion.

FINDINGS OF FACT

The narrative facts are largely uncontested. What is contested is whether Mr. Hall’s circumstances establish an abuse of chapter 7.

On September 22, 2016, Vance G. Hall filed a petition under chapter 7 of the Bankruptcy Code. ECF Doc. No. 1, Mr, Hall owns a house which is security for two mortgages. His wife (who is not a joint debtor in this case) owns a house which secures one mortgage. Mr. Hall primarily lives in the house owned by his wife. In this bankruptcy, Mr. Hall-claims expenses for his house but also claims expenses for his wife’s house. It is this circumstance (expenses for two houses for one family) that is the source of the quarrel.

Forsythia Drive

In 2005, before he was married, Mr. Hall purchased his first home located at 2256 Forsythia Drive, Culpeper, VA 22701 (“Forsythia Drive”). Forsythia Drive is a three-bedroom townhome with approximately 1,433 square feet. Tr. 94:13-19. At the time he purchased the home, Mr. Hall was offered a loan secured by a first deed of trust with adjustable interest only payments for the first ten years with principal and interest thereafter,1 and a second loan secured by a deed of trust with interest only terms, although “unfortunately [he] didn’t fully realize what that meant at the time.” 2 Tr. 94:20-25; Answer at p.5. Nata-[61]*61rally, Mr. Hall did not predict the looming real estate crisis and the swift decline in property values that would materialize in the coming years.

Mr. Hall accepted the offers and granted two deeds of trust on Forsythia Drive. At first, the monthly payments on the first and second deeds of trust were $690 and $447.25, respectively. Tr. 95:1-25. Mr. Hall maintained these payments and other expenses associated with this house without default. Tr. 97:22-98:7, 99:4-24.

In July 2015, the payments on the first deed of trust on Forsythia Drive adjusted from $690 to $1,095. See Sch. J; Tr. 101:8— 23. Following the 58.7% increase in payment on the first deed of trust, Mr. Hall communicated frequently with the mortgage company to negotiate an alternative-including a short sale, deed in lieu, refinancing or mortgage modification — but was unsuccessful in his attempts, Tr. 104:7-106:18, 141:22-142:8, 143:16-144:9. Each of these options requires the consent of the mortgage holders.

It is not surprising that Mr. Hall could not obtain the mortgage holders’ consent to a sale, restructuring, or a reduction of the debt. First, he had been unable to maintain his homeowners’ association (“HOA”) dues and so the HOA issued a lien against Forsythia Drive.3 Tr. 105:9-18. Second, the amount of the mortgage debt dwarfed the value of the property, Forsythia Drive’s market value plummeted a few years after Mr. Hall purchased it. It is still low today. Currently, Forsythia Drive is tax assessed at $150,000. Tr. 98:8-13. Mr. Hall testified that in his opinion the house could be worth as much as $190,000. Id. Yet neither value approaches the more than $270,000 owed on both deeds of trust. See Sch. D; UST Ex. 11, 13; Tr. 80:4-8.

Family and Continued Education

On May 6, 2006, Mr. Hall married Cassandra Hall, who had twin children from a previous relationship. Mot. to Dismiss ¶ 11; Answer ¶ 11; Tr. 80:15-22. Mr. Hall welcomed his new wife and children4 into his home, but he “realized quickly after becoming a husband and a father of two that [he] needed to make more money, so [he] decided to continue [his] education by going to George Mason [University].” Tr. 92:4-6. Mr. Hall enrolled in night classes and received his Bachelor of Science Degree four years later in 2010, Tr. 92:13-17. Shortly thereafter, Mr. and Mrs. Hall had a baby daughter. Wanting to increase his income and advance his career further, Mr. Hall subsequently achieved a Master’s Degree in March 2014. Tr. 92:18-93:9.

Lakeland Court

Mr. Hall’s seventy-two-year-old mother-in-law suffers from dementia, Tr. 102:3-13. She was living alone in a trailer in Ste-vensburg, Virginia. Tr. 102:7-9. Mr. and Mrs. Hall would visit daily to provide care. Tr. 102:14-19. It soon became clear, however, that Mr. Hall’s mother-in-law could no longer live alone and needed to move in with the family. Tr. 102:20-103:4.

After consultation with her husband concerning the need to move her mother into their home, Mrs. Hall purchased a single-family home located at 844 Lakeland Court, Culpeper, Virginia (“Lakeland Court”). Tr. 103:5-14; Mot, to Dismiss ¶ 19. Lakeland Court is larger than Forsythia Drive and has an extra room to accommodate Mrs. Hall’s mother.5 Tr. [62]*62100:16-21. Mr. Hall, his wife, mother-in-law, teenage twins, and young daughter moved into the four-bedroom Lakeland Court house.

Employment Pre- and Post-Petition

Mr. Hall works in the IT industry. Tr. 81:23-25. When he filed his chapter 7 petition, Mr. Hall was employed by George Washington University in Washington, DC. Tr. 82:1-3. Mr. Hall’s daily commute was two hours each way. Tr. 82:4-14. After he filed this case, Mr. Hall accepted a new position as an IT auditor for a company located in Manassas, Virginia, closer to his home. Tr. 82:19-83:24. Prior to Mr. Hall filing his bankruptcy petition, Mrs. Hall went from working part-time to full-time as a teleservices representative. Tr. 93:10-94:2. Although Mr. and Mrs. Hall’s income increased both before and after Mr. Hall filed his bankruptcy petition, it is undisputed that Schedule I accurately discloses the family’s income as of the petition date.

Bankruptcy Motions

By the time he filed chapter 7, Mr. Hall was in default on his mortgage payments on Forsythia Drive. The holder of the first deed of trust on Forsythia Drive filed a motion for relief from stay early in bankruptcy case, alleging a four month payment default. See EOF Doc. No. 8. Neither Mr. Hall nor the chapter 7 trustee contested the motion for relief, and so the Court granted relief from stay on December 15, 2016. EOF Doc. No. 17. A few weeks later, on January 3, 2017, the United States Trustee moved to dismiss this case.

The Court held the hearing on April 20, 2017. At the conclusion of the hearing, the Court took the matter under advisement.6

JURISDICTION

Mr. Hall is a debtor in this Court. The Court has subject-matter jurisdiction under 28 U.S.C. § 1334(a) and authority to hear the case under 28 U.S.C. § 157(a), with the delegation made to this Court by [63]*63Order of Reference from the District Court entered on December 6, 1994, and Rule 3 of the Local Rules of the United States District Court for the Western District of Virginia.

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Cite This Page — Counsel Stack

Bluebook (online)
569 B.R. 58, 2017 Bankr. LEXIS 1829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robbins-v-hall-in-re-hall-vawb-2017.