United Companies Lending Corp. v. Witt (In Re Witt)

199 B.R. 890, 1996 U.S. Dist. LEXIS 10692, 1996 WL 471204
CourtDistrict Court, W.D. Virginia
DecidedApril 19, 1996
Docket695-00597-WA1-13. Civil Action No. 95-73-L
StatusPublished
Cited by10 cases

This text of 199 B.R. 890 (United Companies Lending Corp. v. Witt (In Re Witt)) is published on Counsel Stack Legal Research, covering District 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
United Companies Lending Corp. v. Witt (In Re Witt), 199 B.R. 890, 1996 U.S. Dist. LEXIS 10692, 1996 WL 471204 (W.D. Va. 1996).

Opinion

MEMORANDUM OPINION

TURK, District Judge.

This is an appeal by the United Companies Lending Corporation (“United”), from an Order of the United States Bankruptcy Court for the Western District of Virginia confirming the debtors’ proposed bankruptcy plan over United’s objections. This court has jurisdiction pursuant to 28 U.S.C. § 158. United raises two issues on appeal. First, it contends that the appellees have shown no cause to extend the period of repayment over five years. Second, United asserts that the lien it holds on the debtor’s mobile home cannot be bifurcated and stripped down in the manner proposed by the debtor’s plan. The Witts maintain that their near destitute financial situation provided more than just cause for extending their debt payment period over a five year interval. They also claim that 11 U.S.C. § 1322(c)(2) (1994) allows the Bankruptcy Court to bifurcate United’s lien into secured and unsecured portions and requires them only to completely satisfy the lien on the secured portion of their note. The court finds that the Bankruptcy Court’s Order must be reversed on the strip down issue and the case remanded for findings of fact which would justify extending the plan’s life beyond three years and for 1116 confirmation of a plan in keeping with this Opinion.

I.

The facts of the case are essentially undisputed. The debtors, Clarence Gordon Witt and Carolyn Sue Witt, presented this, their fifth bankruptcy petition on April 13, 1995. 1 Their principal outstanding obligation is the $22,561.02 due to United on a note which was executed on September 15, 1989 and matures on October 1, 1999. Other debts include a secured claim of $600, priority claims totaling $663.70, and unsecured claims totaling $1,832.48. Although the appellees originally listed United’s claim as only $14,063.22, they later withdrew their objection to the proof of claim filed by United. Accordingly, United’s proof of claim of $22,561.02, became the allowed amount of its claim when the debtors withdrew their objection. See 11 U.S.C. § 502 (1994).

The Witts originally proposed a plan which would value United’s secured claim at only $13,100 and proposed payment of that amount plus ten percent (10%) interest per annum over a sixty month period beginning July 1, 1995. United objected to confirmation because the plan had a five year period and stripped down its claim under § 506(a) into secured and unsecured portions and only called for the payment of the mobile home’s fair market value as a secured claim. The Bankruptcy Court found approved the five year payout period proposal. It also held that recently enacted 11 U.S.C. § 1322(c)(2) overruled the Supreme Court decision, Nobelman v. American Sav. Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), and allowed debtors to bifurcate underse-cured interests on principal residences in the manner proposed by the Witts, save that the fair market value of the residence would be determined at a later date. United appealed both the plan period extension and the strip down rulings.

II.

United appeals two rulings by the Bankruptcy Court: 1) confirmation of a plan in excess of three years pursuant to 11 U.S.C. § 1322(d), and 2) modification of its *892 deed of trust on the debtor’s mobile home pursuant to § 1322(c)(2). The issue of what constitutes a reasonable cause to extend a plan beyond three years under § 1322(d) is a question of fact that must be decided by bankruptcy courts on a ease by case basis. See Grundy Nat’l Bank v. Stiltner, 58 B.R. 593 (W.D.Va.1986). In this case, the’ Bankruptcy Court made only an implicit ruling that cause existed to extend the plan beyond the generally allowable three year period and failed to state any findings of fact which justified the extension. 2 Determining what the findings of fact should be is appropriately left to the Bankruptcy Court, not to this tribunal on appeal. 3 Accordingly, the case must be remanded to the Bankruptcy Court on this issue so that a hearing on cause pursuant to § 1322(d) can be undertaken.

III.

The other issue before the Bankruptcy Court was whether United’s rights, as a holder of a claim secured by a note on real property which is the debtors’ principal residence, 4 could be bifurcated in the Chapter 13 reorganization plan. Debtors contend that their mobile home is only worth $13,100, and they wish to pay that amount with full interest at ten percent (10%) per annum and seek to pay the remaining portion of their debt to United as an unsecured claim. Essentially, the Witts’ position is that the addition of (c)(2) to section 1322 of the Bankruptcy Code in 1994 overturned the Supreme Court decision of Nobelman v. American Sav. Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993) in its entirety, thus permitting a bankruptcy judge to confirm a plan calling for a payment period extending beyond the date of the loan’s maturation and to bifurcate the claim on the debtor’s principal residence into secured and unsecured claims. With that accomplished, the Witts assert that they can reduce their secured mortgage debt to the fair market value of their mobile home. Modification of a secured creditor’s deed of trust in the fashion sought involves pure questions of statutory interpretation and the court reviews such bankruptcy findings de novo. In re Tudor Assoc., Ltd., 20 F.3d 115, 119 (4th Cir.1994). .

Before the enactment of the Bankruptcy Reform Act of 1994, 5 debtors were generally allowed to modify the rights of holders of secured claims except for those which were secured by a security interest in real property that is the debtor’s principal residence. *893 11 U.S.C. § 1322(b)(2). Thus, a debtor was not permitted to modify the contract rights of a creditor in a Chapter 13 plan with respect to claims secured by a debtor’s principal residence. See Nobelman, 508 U.S. at 330-31, 113 S.Ct. at 2111. In Nobelman, the Supreme Court held that a mortgage creditor’s rights are reflected in the debt instrument and enforceable under state law. Id. at 328-29, 113 S.Ct. at 2110.

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Bluebook (online)
199 B.R. 890, 1996 U.S. Dist. LEXIS 10692, 1996 WL 471204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-companies-lending-corp-v-witt-in-re-witt-vawd-1996.