Evolve Fed. Credit Union v. Barragan-Flores (In re Barragan-Flores)
Evolve Fed. Credit Union v. Barragan-Flores (In re Barragan-Flores)
Opinion of the Court
evolve Federal Credit Union appeals from a final order of the United States Bankruptcy Court for the Western District of Texas confirming Debtor Lucio Barragan-Flores Chapter 13 Bankruptcy Plan. Because the bankruptcy court misapplied the applicable law, this Court REVERSES the bankruptcy court's ruling and REMANDS the case for further proceedings consistent with this opinion.
I. BACKGROUND
The relevant facts are straightforward and undisputed. In February 2016, Lucio Barragan-Flores ("Debtor") entered into two loan agreements with evolve Federal Credit Union ("evolve"). Proofs of Claim, ECF No. 7-4. The first loan was secured by a 2011 GMC Sierra ("Sierra Loan"), and the second loan was secured by a 2016 Toyota Camry ("Camry Loan").Id. at 4, 8. Each loan was accompanied by a security agreement granting evolve a security interest in the vehicle securing the loan. Id. Significantly, the security agreements contain a cross-collateralization clause that states: "Collateral securing other loans with the Credit Union may also secure this loan." Id. The parties stipulated that evolve holds a perfected security interest in each vehicle and that the cross-collateralization clauses in the security agreements are valid. R. at 93, ECF No. 7-3
*399In June 2017, Debtor filed his Chapter 13 Bankruptcy Petition. Bankruptcy Docket No. 1, ECF No. 7-2. Debtor's Petition listed the value of the collateral securing evolve's loans at $13,875 (the Sierra) and $15,225 (the Camry). R. at 23-24. To provide for the Sierra Loan, Debtor's Bankruptcy Plan proposed that he retain the Sierra and pay evolve $13,875 over sixty months at 5.25% interest. Id. at 53. In contrast, to provide for the Camry Loan, Debtor's Plan proposed that he surrender the Camry to evolve. Id. at 54.
evolve objected to Debtor's Plan, arguing that its treatment of the vehicles violated the Bankruptcy Code. Id. at 61-63. On October 4, 2017, the bankruptcy court held a hearing and overruled evolve's objection. See Bankruptcy Docket No. 14; R. at 103. The bankruptcy court then entered an order confirming the Plan. Bankruptcy Docket No. 15. In response, evolve filed a Motion to Vacate the confirmation order, which the bankruptcy court denied in a written opinion on November 14, 2017. Bankruptcy Docket Nos. 20, 24; R. at 120-31. This appeal followed. Bankruptcy Docket No. 28.
II. DISCUSSION
A. Jurisdiction
District courts have jurisdiction to hear "appeals from final judgments, orders, and decrees ... of bankruptcy judges entered in cases and proceedings" under the Bankruptcy Code.
Here, the bankruptcy court confirmed Debtor's plan over evolve's objection, and evolve responded with a Motion to Vacate, which the bankruptcy court denied. See generally Bankruptcy Docket. The orders confirming the plan and denying the Motion to Vacate form the basis of this appeal. Appellant's Br. at 3, ECF No. 11. Accordingly, because "[t]here is little doubt that the bankruptcy court's confirmation order is binding and final," this Court has jurisdiction to hear the appeal. Eubanks v. FDIC ,
B. Standard of Review
"When reviewing a bankruptcy court's decision in a 'core proceeding,' a district court functions as a[n] appellate court and applies the standard of review generally applied in federal court appeals." In re Webb ,
C. Analysis
The dispute in this case centers on the Plan's treatment of the vehicles securing evolve's claims. As mentioned above, Debtor retained the Sierra and surrendered the Camry under the Plan confirmed by the bankruptcy court. evolve's argument on appeal is fairly straightforward. evolve *400notes that both the Sierra Loan and the Camry Loan are secured by multiple pieces of collateral, namely the Sierra and the Camry, as a result of the cross-collateralization clauses. Appellant's Br. at 5-8. Further, evolve observes that while
Section 1325(a) of the Bankruptcy Code contains a number of conditions that must be met before a bankruptcy court can confirm a Chapter 13 plan. See
The Fifth Circuit previously analyzed how a debtor may employ § 1325(a)(5)'s options in In re Williams ,
Turning to the facts in this case, there is no question concerning the validity *401of the cross-collateralization clauses contained in the security agreement for each loan. In Texas, "collateral may secure future as well as past or present advances if the security agreement so provides." Tex. Bus. & Com. Code § 9.204 cmt. 5. Further, cross-collateralization clauses are applicable to all debts that "were reasonably within the contemplation of the parties at the time the debt instrument was made." W. Auto Supply Co. v. Brazosport Bank of Tex. ,
Therefore, like the debtor in In re Williams who had to either cramdown or surrender all of the collateral securing the loan, Debtor must either cramdown or surrender all of the collateral securing the Camry Loan, i.e. , the Sierra and the Camry. See In re Williams ,
The bankruptcy court, however, reached a different conclusion. Focusing on the fact that evolve holds two allowed secured claims-one based on each loan-the bankruptcy court found that Debtor's Plan could be confirmed under § 1325(a)(5). R. at 124-27. The bankruptcy court explained that the Plan elected only one option under § 1325(a)(5) for each loan. Id. at 126. As to the Sierra Loan, the Plan chose cramdown, and as to the Camry Loan, the Plan chose surrender. Id. Therefore, the bankruptcy court reasoned that the Plan was permissible because In re Williams "did not hold that a debtor must choose the same option under § 1325(a)(5) for two allowed secured claims." Id. at 127.
The Court agrees with the bankruptcy court's general approach; evolve holds two allowed secured claims, and each claim should be analyzed separately despite the cross-collateralization clauses. Indeed, creditors who make multiple cross-collateralized loans to the same debtor often file separate proofs of claim for each loan, and bankruptcy courts analyze them separately.
*402See, e.g., In re McPhilamy ,
Nevertheless, the Court respectfully disagrees with the bankruptcy court's finding that the Plan complies with § 1325(a)(5) as construed by the Fifth Circuit in In re Williams. In its order denying evolve's Motion to Vacate, the bankruptcy court distinguished In re Williams based on the number of claims at issue. R. at 125. Unlike the creditor in that case, who held only one claim, evolve holds two claims.
Furthermore, the Fifth Circuit's opinion in In re Williams does not lend itself to any apparent distinction in cases where more than one claim is secured by the same collateral. As the bankruptcy court correctly understood, § 1325(a)(5) allows a debtor to choose only one option for each allowed secured claim. See In re Williams ,
*403claims even though those debtors and their collateral are more encumbered. That result is counterintuitive.
Accordingly, pursuant to the Fifth Circuit's holding in In re Williams , the Court concludes that the Plan confirmed by the bankruptcy court is impermissible under § 1325(a)(5) because it allowed Debtor to retain some of the collateral securing the Camry Loan and surrender the rest.
III. CONCLUSION
For the reasons above, the Court REVERSES the bankruptcy court's ruling confirming Debtor's Plan and REMANDS this case for further proceedings consistent with this opinion.
SO ORDERED .
The Record on the Court's electronic docketing system is split into four separate attachments. See ECF No. 7. The vast majority of the material is contained in the attachment labeled "Individual Designations." See ECF No. 7-3. Therefore, the Court refers to that attachment when citing to the Record in this Order.
The Fifth Circuit also relied on an excerpt from Collier on Bankruptcy to support its conclusion that the options in § 1325(a)(5) are mutually exclusive. See In re Williams ,
The Court bases its ruling solely on the Plan's treatment of the Camry Loan. Concerning the Sierra Loan, the Plan valued the underlying collateral at $13,875 and proposed to pay out that amount plus interest. R. at 53. evolve did not object to the Plan's valuation. Therefore, the Plan's treatment of the Sierra Loan appears to comply with Chapter 13's cramdown provision. See
Treating the Sierra as though it is no longer collateral for the Camry Loan could make sense if the cross-collateralization clauses were somehow set aside. Courts have set aside state-law rights through "application of the principle that the Bankruptcy Code displaces or modifies conflicting state-law rights in the name of federal supremacy." In re Brown ,
Reference
- Full Case Name
- IN RE: Lucio BARRAGAN-FLORES, Debtor. Evolve Federal Credit Union v. Lucio Barragan-Flores
- Cited By
- 1 case
- Status
- Published