SLW Capital, LLC v. Mansaray-Ruffin

530 F.3d 230, 2008 U.S. App. LEXIS 13351, 2008 WL 2498048
CourtCourt of Appeals for the Third Circuit
DecidedJune 24, 2008
Docket05-4790
StatusPublished
Cited by65 cases

This text of 530 F.3d 230 (SLW Capital, LLC v. Mansaray-Ruffin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
SLW Capital, LLC v. Mansaray-Ruffin, 530 F.3d 230, 2008 U.S. App. LEXIS 13351, 2008 WL 2498048 (3d Cir. 2008).

Opinions

OPINION OF THE COURT

RENDELL, Circuit Judge.

This appeal requires us to determine whether the debtor in a Chapter 13 bankruptcy case successfully invalidated a lien on her property by providing for it as an unsecured claim in her confirmed plan, without initiating an adversary proceeding as required by the Federal Rules of Bankruptcy Procedure. We agree with the lienholder, as well as with the Bankruptcy Court and the District Court, that the answer to this question is no. Accordingly, we will AFFIRM.

I.

On November 26, 1996, Janica Mansaray-Ruffin borrowed $25,600 from United Companies Lending Corporation (“United”) and, as collateral for that loan, executed a mortgage in favor of United against her primary residence — 5101 West Girard Avenue, Philadelphia, PA 19131. The mortgage was recorded as a first lien against the property. United later assigned the mortgage to EMC Mortgage Corporation (“EMC”), and, after the instant appeal was filed, EMC assigned the mortgage to SLW Capital, LLC (“SLW”), making SLW the proper appellee.

On February 27, 2002, Mansaray-Ruffin’s counsel sent a letter to EMC, claiming that United had committed a number of violations of the Truth-in-Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., in connection with the initial execution of the mortgage. Counsel made clear in the letter that, based on these violations, Mansaray-Ruffin was asserting “a right to rescind the transaction, pursuant to 15 U.S.C. § 1635 of TILA, which she hereby exercises.” (App.30-31.) It does not appear that EMC ever responded to this letter. ■

On August 13, 2002, Mansaray-Ruffin filed a voluntary Chapter 13 bankruptcy petition and a Chapter 13 reorganization plan with the United States Bankruptcy Court for the Eastern District of Pennsylvania and, in the accompanying schedules, listed EMC as a disputed secured creditor. The plan included the following regarding EMC:

In addition, the Debtors shall file adversary proceedings seeking to rescind or otherwise avoid in whole or in part the secured claims arising from the mortgagee ] held against her residential realty by EMC.... However, the Debtor does anticipate making payments on the first and larger of these loans directly to EMC outside of the Plan to protect her interests in the event that the proceedings are not entirely successful.

(Original Chapter 13 Plan of Debtor.) On August 31, 2002, EMC was mailed notice of Mansaray-Ruffin’s plan, including the deadline for filing a proof of claim. EMC did not file a proof of claim — either before or after the December 31, 2002 bar date.

On February 19, 2003, Mansaray-Ruffin filed an amended plan, a copy of which she had mailed to EMC the day before. The amended plan replaced the above-quoted language with the following:

The Debtor planned to file a further adversary proceeding to avoid in whole [233]*233or in part the secured claim allegedly arising from the first mortgage held against her residential realty by [EMC]. However EMC has not filed a proof of claim in this bankruptcy case. The Debtor will therefore file a proof of claim in the amount of $1000 on behalf of EMC, and will resort to an adversary proceeding against EMC only in the event that EMC successfully amends that claim and asserts a larger or a secured claim. The Debtor has been paying the regular mortgage payments to EMC outside of the plan in the event that her challenge of the claim of EMC would not be entirely successful. However, upon confirmation of this plan, in which the claim of EMC will be fixed as an unsecured claim in the amount of $1000 unless it is able to object to this claim, the Debtor will cease making payments to EMC, and EMC will be obliged to satisfy its mortgage against the Debt- or’s home upon the discharge of its debt as filed or allowed.

(App.34.) That same day, Mansaray-Ruffin filed an unsecured proof of claim on behalf of EMC in the amount of $1,000, with the following notation: “ALLEGED MORTGAGE-RESCINDED.” (App.32.)1

Neither EMC nor any other creditor filed objections to the plan, and it was confirmed on March 25, 2003. Thereafter, however, EMC continued to send Mansaray-Ruffin billing statements, as if the plan’s confirmation had no effect on the mortgage. Mansaray-Ruffin sent EMC two letters, explaining her position that, under the terms of the plan, she now owed EMC a $1,000 unsecured debt (not the approximately $40,000 mortgage-backed balance that EMC was asserting).

In December 2003, EMC commenced an adversary proceeding in the Bankruptcy Court by filing a “Complaint to Determine Secured Status Pursuant to 11 U.S.C. § 506.” EMC sought a determination that, under Federal Rule of Bankruptcy Procedure 7001(2), a lien could only be invalidated through an adversary proceeding and that, therefore, its mortgage continued unaffected by the plan confirmation. Mansaray-Ruffin countered with a motion to dismiss, contending that the confirmed plan was final under the Bankruptcy Code and that EMC had.to live with the consequences of not objecting to her treatment of its claim.

On May 6, 2004, the Bankruptcy Court denied Mansaray-Ruffin’s motion to dismiss, concluding that “neither the Debtor’s proof of claim, filed on behalf of EMC, nor the Debtor’s amended plan, nor both taken together, are sufficient to avoid EMC’s lien.” (App.2.) On July 6, 2004, the Court followed up its denial of the motion to dismiss by issuing an order that “EMC shall retain its first mortgage lien on the Debtor’s residence ..., that said mortgage shall be unaffected by the Debtor’s confirmed Plan of Reorganization and that said mortgage shall pass through the bankruptcy unaffected to the full extent of the outstanding balance due EMC in connection with the underlying mortgage loan.” (App.4.)

On September 26, 2005, the District Court affirmed the Bankruptcy Court’s order without explanation.

II.

The Bankruptcy Court had jurisdiction pursuant to 28 U.S.C. § 1334, the District Court had jurisdiction pursuant to 28 U.S.C. § 158(a), and we now have jurisdiction pursuant to both 28 U.S.C. § 158(d) and 28 U.S.C. § 1291. In conducting our [234]*234review, we use the same standards as the District Court. In re Am. Classic Voyages Co., 405 F.3d 127, 130 (3d Cir.2005). Therefore, since the issues in this case are legal in nature, we review the decision of the Bankruptcy Court de novo. Id.

III.

A.

We begin with a discussion of the applicable law governing the procedure for invalidating liens in bankruptcy.

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530 F.3d 230, 2008 U.S. App. LEXIS 13351, 2008 WL 2498048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slw-capital-llc-v-mansaray-ruffin-ca3-2008.