In re Alonzo
In re Alonzo
Opinion of the Court
This matter comes before the Court on the objection filed by the Chapter 13 Trustee ("Trustee") to the Debtors' motion to confirm their Chapter 13 Plan ("Plan"), on the basis of eligibility.
The issue presented in this case has sparked a wave of cases around the country recently, starting in October 2017, with a case written as recently as last week on the subject. Three cases agree with the Trustee's position. See In re Mendenhall ,
Debtors Joseph A. Alonzo and Cynthia A. Alonzo ("Debtors") filed for relief under Chapter 13 of the Bankruptcy Code on November 17, 2017. It is their first bankruptcy case. They filed their Plan a day later. The Trustee objected to the Plan on December 22, 2017. The Court held several confirmation status conferences, and must resolve the Trustee's threshold objection that the Debtors are not eligible for relief under chapter 13 because their unsecured debt exceeds the debt limitations for unsecured debt for chapter 13 debtors.
The Trustee's position, which is reflected in the Mendenhall , Bailey-Pfeiffer , and Petty cases, is that because Debtors exceed the chapter 13 debt limitations, they are not eligible for chapter 13 relief, and their case must either be dismissed or converted to a case under chapter 7 or chapter 11.
The facts are not in dispute. The Debtors are married with four dependents, including a granddaughter. Mr. Alonzo works for Bennett's Barbeque and is in the Army Reserves. Mrs. Alonzo is a college instructor, and they are showing gross income of $8,200 monthly. They own their home in Fort Collins, which they are trying to save through the bankruptcy, and they owe some taxes. The Plan they filed provides for a monthly payment of $363 for 60 months, so they have committed to the five-year chapter 13 plan period. The total they are going to pay in to the Plan is around $21,780, most of which will pay administrative expenses, taxes, and a cure on one of the secured debts. The Plan provides very little for unsecured creditors.
The Debtors argue, based on this new wave of cases that has been created because of the heartburn that our country has over student loans, that because a majority of their unsecured debt is student loan debt, such debt is not cause for dismissal of their chapter 13 case because the standard is the best interest of the creditors and bankruptcy estate, the decision to convert or dismiss is uniquely within the discretion of the bankruptcy court, and the Court should exercise such discretion and allow them to continue in chapter 13 because the creditors and Debtors will fare better in a chapter 13 case with a repayment plan, than the alternatives. They also assert that because § 1307 uses the words "may" dismiss and not "shall," and because exceeding the debt limitation is not one of the eleven enumerated reasons for cause for dismissal, the Court should examine the legislative history and public policy behind the Bankruptcy Code, as did Judge Baer in the Pratola case.
The parties briefed the legal issues. The Court has jurisdiction over the subject matter of this core proceeding pursuant to
The Debtors owe, in their words, "massive student loan debt." Their summary of schedules reflects nonpriority unsecured debts of $458,283. Certain student loan creditors have filed unsecured claims in this case totaling $398,048. Since the
The Bankruptcy Code contains debt limitations for chapter 13 debtors. The debt limitation has been increased by Congress several times and
The burden of proof is on the Debtors to confirm their Plan. To rule on the motion to confirm and objection, the Court must resolve a legal issue with respect to which there is a split of authority.
The Debtors cite the recent case of In re Pratola,
The court found that allowing the debtor to proceed in chapter 13 would serve public policy because there would be funds available to remain current on educational debt, pay a dividend to general unsecured creditors and obtain a fresh start. The Pratola case focused on the well known fact that educational costs in our country are rising much more than the paltry three-year increases in the chapter 13 debt limitation. Pratola was recently followed in In re Fishel ,
The opposing cases hold there is no ambiguity, and that if you are ineligible for chapter 13 relief, it is cause for dismissal. In the case of In re Bailey-Pfeiffer,
After careful consideration of the issue, the Court agrees with the reasoning of the Bailey-Pfeiffer line of cases. The statute is clear on its face that a debtor is not eligible for chapter 13 if such debtor exceeds the unsecured debt limitations. If the debtor is not eligible, the debtor cannot proceed in a chapter 13 case. Although ineligibility is not expressly identified as cause under
Chapter 13 is one of the most important laws we have in our country, and it has been referred to as a "social insurance policy." Many districts in our country have thousands of chapter 13 cases. So chapter 13 works, but unfortunately, I cannot legislate from the bench, change the law, or ignore the plain language of the statute.
Our country is faced with $1.48 trillion of student loan debt (federal.reserve.gov). The questions of whether chapter 13 debt limitations should be raised generally, or just as to student loan debts, or whether and to what extent the dischargeability standards for student loan debt need to be relaxed are legislative decisions for the halls of Congress. Currently, the standard for discharging student loan debts is a high threshold of undue hardship. While the bankruptcy courts in the Pratola and Fishel cases offer compelling policy arguments, courts faced with a clear statutory command may not rewrite the Bankruptcy Code.
Thus, the Court orders the Debtors have ten days from the date of this order to convert this case to a case under either chapter 7 or chapter 11, failing which this case shall be dismissed without further notice or hearing.
On May 4, 2018, the Court issued an oral ruling on the Motion, and appropriate orders have been entered. This ex post facto Memorandum Opinion details the reasoning behind the Court's ruling, in order to aid practitioners in the district. See In re Sunland, Inc. ,
Reference
- Full Case Name
- IN RE: Joseph Anthony ALONZO, SSN: XXX-XX-XXXX and Cynthia Anne Alonzo, SSN: XXX-XX-XXXX, Debtors.
- Cited By
- 1 case
- Status
- Published