State Compensation Insurance Fund v. Zamora

616 F.3d 1001
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 12, 2010
DocketNo. 08-56508
StatusPublished

This text of 616 F.3d 1001 (State Compensation Insurance Fund v. Zamora) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Compensation Insurance Fund v. Zamora, 616 F.3d 1001 (9th Cir. 2010).

Opinion

OPINION

N.R. SMITH, Circuit Judge:

In this appeal, we are asked to resolve two novel questions: (1) whether district court decisions bind bankruptcy courts in other districts and (2) whether criminal restitution payments are recoverable by a trustee in bankruptcy as preferences under 11 U.S.C. § 547(b). We conclude that (1) district courts do not bind bankruptcy courts in other districts and (2) criminal restitution payments, so long as they otherwise meet the statutory requirements of § 547(b), are recoverable by a trustee as preferences.

I. Background

Jeffrey and Faye Silverman owned and operated an electrical contracting company, for which State Compensation Insurance Fund (“State Fund”) provided workers’ compensation insurance for the 2002, 2003, and 2004 policy periods. Sometime in October 2004, the Silvermans began participating in a scheme, wherein they underreported payroll, underpaid premiums, and prevented injured workers from obtaining benefits under the workers’ compensation law. The government discovered the fraud and indicted the Silvermans for insurance fraud under California Insurance Code section 11880(a). The Silver-mans pleaded nolo contendere and were convicted pursuant to a plea agreement in March 2005, shortly after paying $101,531 in restitution to State Fund, with the pay[1004]*1004ment included as part of the court-ordered sentence.

A. Bankruptcy Court Proceedings

On April 29, 2005, the Silvermans filed a petition for Chapter 7 bankruptcy in the United States Bankruptcy Court for the Central District of California, and a bankruptcy trustee, Nancy Zamora (“the Trustee”), was appointed. 11 U.S.C. § 547(b) outlines that a trustee may recover the transfer of “an interest of the debtor in property” that is “(1) to or for the benefit of a creditor; (2) for or on account of an antecedent debt owed by the debtor before such transfer was made; (3) made while the debtor was insolvent;” and that was “(4) made ... on or within 90 days before the date of the filing of the[bankruptcy] petition.” Believing that the restitution payment fit this statutory definition, the Trustee filed adversary proceedings against State Fund on April 5, 2007 to recover the criminal restitution payment.

State Fund and the Trustee filed cross-motions for summary judgment in the bankruptcy court. The Trustee argued that the payment met the facial requirements of § 547(b). State Fund argued that § 547(b) does not apply to criminal restitution payments in any event. State Fund relied mainly on Kelly v. Robinson, 479 U.S. 36, 107 S.Ct. 353, 93 L.Ed.2d 216 (1986), in which the Supreme Court found that criminal restitution payments were non-dischargeable in bankruptcy, and Becker v. County of Santa Clara (In re Nelson), 91 B.R. 904 (N.D.Cal.1988), in which the Northern District of California ruled that, because criminal restitution payments are non-dischargeable under Kelly, they are not preferences under § 547(b).

The bankruptcy court found Kelly distinguishable and declined to follow Nelson, finding it unpersuasive. The bankruptcy judge stated:

I do not find [Nelson] persuasive. The Kelly opinion dealt with dischargeability, not avoidability. Indeed, even the Nelson court conceded that the “historical exception to avoidance of restitution does not appear to be as clearly established as the exception for discharge of restitution.... ”

Having found that all the elements of § 547 had been met, the bankruptcy court concluded that the Trustee could recover the restitution payment. The bankruptcy court proceeded to give two additional reasons for its ruling. First, the court noted that “if Congress intended to exclude restitution awards from a preference action, it knows exactly how to do it....” Second, the court found no good public policy reason to treat criminal restitution payments differently from any other payments received during the preference period.

B. District Court Proceedings

State Fund appealed the bankruptcy court’s order to the district court, and the distinct court affirmed on August 12, 2008. The district court stated:

[T]he plain language of 11 U.S.C. § 547 and the weight of legal authority support the Bankruptcy Court’s finding that the restitution payment to Appellant was an avoidable preferential payment. ... This Court finds that [Nelson] is non-binding precedent, and [Kelly] is factually distinguishable.
State Fund now appeals.

II. Standard of Review

“Because this court is in as good a position as the district court to review the findings of the bankruptcy court, it independently reviews the bankruptcy court’s decision.” In re Allen, 300 F.3d 1055, 1058 (9th Cir.2002) (quoting Ragsdale v. Haller, 780 F.2d 794, 795 (9th Cir.1986)). “We review the bankruptcy court’s conclu[1005]*1005sions of law de novo and review its findings of fact for clear error.” Id. Because neither party disputes any of the bankruptcy court’s factual findings, we address only the bankruptcy court’s conclusions of law.

III. Discussion

On appeal, State Fund argues both that: (1)the Northern District of California’s ruling in Nelson was binding on the bankruptcy court and, therefore, the bankruptcy court erred by not following it; and (2) 11 U.S.C. § 547(b)’s prohibition on preferences does not apply to criminal restitution payments. We reject both arguments and affirm the district court.

A. District Court Decisions do not Bind Bankruptcy Courts in other Districts

State Fund argues that, because “[bjankruptcy courts should be bound by published district court bankruptcy appellate decisions,” the bankruptcy court erred when it failed to follow the authority of the Nelson holding (which would have vindicated State Fund’s position). In support of its argument, State Fund first assumes that Bankruptcy Appellate Panel (“BAP”) decisions bind all bankruptcy courts in the Circuit. It then reasons that, because BAP decisions cannot bind district courts, the BAP is “inferior” to district courts. Therefore, State Fund argues, “one would expect that published decisions of a district court, acting in its appellate capacity, should equally bind all bankruptcy courts in the Ninth Circuit.” We disagree.

At present, there is no controlling case law directly on this point. However, we now make clear that a bankruptcy court is not bound by a district court’s decision from another district. There are logical reasons for our decision.

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Related

Younger v. Harris
401 U.S. 37 (Supreme Court, 1971)
Kelly v. Robinson
479 U.S. 36 (Supreme Court, 1986)
Dyer v. United States
832 F.2d 1062 (Ninth Circuit, 1987)
Rosson v. Fitzgerald (In Re Rosson)
545 F.3d 764 (Ninth Circuit, 2008)
Rowe v. Educational Credit Management Corp.
559 F.3d 1028 (Ninth Circuit, 2009)
Becker v. County of Santa Clara (In Re Nelson)
91 B.R. 904 (N.D. California, 1988)
County of Sacramento v. Hackney (In Re Hackney)
93 B.R. 213 (N.D. California, 1988)
Valley Bank v. Vance
721 F.2d 259 (Ninth Circuit, 1983)
Bank of Maui v. Estate Analysis, Inc.
904 F.2d 470 (Ninth Circuit, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
616 F.3d 1001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-compensation-insurance-fund-v-zamora-ca9-2010.