Commonwealth of Virginia v. Barry Webb
Opinion
Virginia's Department of Social Services, Division of Child Support Enforcement
*943
(the "Division") appeals from the judgment of the district court affirming the bankruptcy court's decision to return Barry Webb's post-petition Chapter 13 payments to him. Webb filed a voluntary petition for bankruptcy under Chapter 13 of the United States Bankruptcy Code and made post-petition payments to his Chapter 13 Trustee (the "Trustee") under
I.
A.
Chapter 13 is a voluntary proceeding that "allows a debtor to retain his property if he proposes, and gains court confirmation of, a plan to repay his debts over a three- to five-year period."
Harris v. Viegelahn
, --- U.S. ----,
Upon filing for bankruptcy, a debtor walls off his property from his creditors, including the post-petition payments to the Chapter 13 trustee. Nearly all of the debtor's property becomes "property of the estate."
See
The stay protects the estate's property "until such property is no longer property of the estate."
B.
In July 2016, Webb filed a voluntary petition for relief under Chapter 13 in the United States Bankruptcy Court for the Western District of Virginia. At the time, Webb owed nearly $75,000 to the Division for unpaid child support. In January 2017, the Division filed a proof of claim setting Webb's child support indebtedness in the amount of $74,277.32. See J.A. 145.
As required by § 1326(a)(1), Webb began making post-petition payments to the Trustee while awaiting confirmation of his proposed Chapter 13 Plan. However, despite four attempts, Webb was unable to propose a confirmable Chapter 13 Plan. The bankruptcy court, with Webb's consent, dismissed the case on February 10, 2017. At the time of dismissal, Webb had paid the Trustee $3,000. 2
Section 63.2-1929 of the Code of Virginia permits the Division to serve a notice of levy upon "any person, firm, corporation, association, political subdivision or department of the Commonwealth."
The Trustee concluded that the Order to Withhold left him with "conflicting obligations." J.A. 163. On the one hand, " Bankruptcy Code Section 1326(a)(2) mandates that: 'the trustee
shall
return any such payments' to [Webb]."
The Trustee then filed a motion in the bankruptcy court seeking direction as to whom he should pay the post-petition funds. After a hearing, the bankruptcy court directed the Trustee to return the funds to Webb. In a cogent opinion, the bankruptcy court resolved the matter based on the plain language of the Bankruptcy Code:
This Court agrees with the line of cases finding that the language of section 1326(a)(2) is clear and unambiguous. That is, the Bankruptcy Code is clear that "[i]f a plan is not confirmed, the trustee ... shall return such payments ... to the debtor." At the February 9, 2017 hearing on confirmation of the debtor's chapter 13 plan, the Court did not confirm the plan and dismissed the case. At that point, the trustee became obligated under the Bankruptcy Code to return the funds to the debtor. [ 3 ] The *945 Court finds no ambiguity or confusion in the language of the statute as enacted. The Court thus will enforce the plain reading of this section.
The chapter 13 trustee in this case received the payments pursuant to his statutory duties as trustee. See11 U.S.C. §§ 1302 , 1326. The Bankruptcy Code, under section 1326, provides unambiguous terms for the trustee's responsibilities with respect to the payments received. That section provides a mechanism for a creditor to be paid the funds held by the trustee. That mechanism is pursuant to section 503(b) or section 1326(a). In this case the Division admits that it has no claim under either section 503(b) or under section 1326(a), but it asks this Court to direct the trustee to pay the Division anyway on the grounds that it was the first creditor to exercise its non-bankruptcy law collection remedies to, in effect, attach the funds held by the trustee. To honor the Division's collection order would require this Court to ignore the express language of Bankruptcy Code sections 1326 and 349.
J.A. 181-82 (footnote omitted).
The bankruptcy court bolstered its conclusion by pointing out that, if it adopted the Division's preferred construction, it would create a "race to the trustee," a result at odds with the effect of a dismissal under § 349(b)(3). J.A. 182. Thus, the bankruptcy court found that its reading of § 1326(a)(2)"returned [the parties] as closely as possible to their respective [pre-petition] positions."
The Division appealed to the district court, which affirmed the bankruptcy court's decision finding that the "[plain] language [of § 1326(a)(2) ] ... is determinative." J.A. 247. The district court noted that, after the automatic stay expires, creditors may pursue state law remedies against the debtor generally, including levying upon "other individuals who possess the debtor's property or income (for example, an employer)." J.A. 248. "But Congress changed the default situation in Section 1326(a)(2) by directing the Chapter 13 trustee to give the funds [paid to him by the debtor back] to the debtor."
Relying on the plain language of the statute, the district court rejected the Division's alternate arguments. As the district court observed, Congress was certainly free to determine which party received a Chapter 13 debtor's funds upon dismissal, and it had made that choice unequivocally in § 1326(a)(2).
The Division appeals the district court's judgment. This Court has jurisdiction under
II.
A.
"When considering an appeal from a district court acting in its capacity as a bankruptcy appellate court, [this Court] conduct[s] an independent review of the bankruptcy court's decision, reviewing factual findings for clear error and legal conclusions de novo."
Campbell v. Hanover Ins. Co.
(
In re ESA Envtl. Specialists, Inc.
),
B.
The Supreme Court has long held that the "interpretation of the Bankruptcy Code starts 'where all such inquiries must begin: with the language of the statute itself.' "
Ransom v. FIA Card Servs
.,
N.A.
,
Section 1326(a)(2) plainly states that when the bankruptcy court does not confirm a plan, the Chapter 13 trustee "shall return" post-petition payments to the debtor.
Congress could have added other exceptions to this rule, but it did not.
Fed. Commc'ns Comm'n v. Nextwave Pers. Commc'ns Inc.
,
Thus, Congress' intention "is unmistakably clear in the language of the statute": when a case is not confirmed, the trustee must return the post-petition payments
to the debtor
.
Dellmuth v. Muth
,
C.
Notwithstanding the clear direction from Congress in § 1326(a)(2), the Division presents three arguments in support of its position. None have merit.
First, the Division argues that the language of § 1326(a) neither prohibits the Trustee from complying with the Order to Withhold nor mandates that the Chapter 13 trustee return payments to a debtor whenever a Chapter 13 plan is not confirmed. Instead, according to the Division, requiring return of the post-petition payments would lead to an absurd result by forcing the trustee to return funds to the debtor even when the debtor contemplates submitting an amended plan. We disagree.
The Division's argument simply ignores the plain statutory direction that the trustee "
shall
return any [post-petition] payments ... to the debtor[.]"
Second, the Division argues that the Court should read § 1326(a) in conjunction with §§ 349 and 362, the provisions of the Bankruptcy Code governing, respectively, dismissal and the automatic stay. But following the plain language of § 1326(a)(2) creates no conflict with these other provisions of the Bankruptcy Code.
The Division's reference to § 349 is puzzling. As pointed out above, § 349(b)(3)"revests the property of the estate in the entity in which such property was vested immediately before the commencement of [a bankruptcy case]" upon dismissal of the case.
The Division's § 362 argument fares no better; under that statute, the automatic stay shielded Webb's post-petition payments from the Division or any other creditors during the Chapter 13 proceeding. Once the bankruptcy court dismissed the case, the automatic stay was lifted. The Division contends that it now should be able to pursue its remedies available in state court against Webb and directly levy on the Trustee as a stakeholder of Webb's assets.
As the district court pointed out, the Division's approach would generally be applicable to persons who possess Webb's property. But doing so in this particular instance would require the Trustee to relinquish post-petition payments to an entity other than the one designated by the statute-the debtor.
See
Further, the Division contends that because funds the Trustee now holds did not exist before Webb filed his petition, revesting that money in him unfairly enhances his financial position. The Division posits that without the bankruptcy case, the money would not have been available to him because the Division could have garnished or levied upon it. Thus, according to the Division, the plain language of § 1326(a)(2) affords him greater protections than the Bankruptcy Code intends by protecting his money even after the stay expires. Whether that is true or not, that is the choice Congress has made and "follow[s] directly from Congress' decisions to shield postpetition
*948
wages from creditors" during the pendency of a Chapter 13 proceeding and to return the debtor's post-petition payments to him.
Harris
,
Lastly, the Division argues that reading § 1326 to bar levy on the Trustee through the Order to withhold overrides Virginia Code § 63.2-1929. The Division asserts that this violates a presumption that Congress did not intend to preempt state law by enacting a federal statute. The Division contends that § 1326(a)(2) and state laws allowing levy or garnishment are easily reconciled-if § 1326(a)(2) does not require the Trustee to refund the post-petition payments to Webb.
We are not persuaded. The Court is not at liberty to ignore the plain text of § 1326(a)(2) : "Under the Supremacy Clause of the Constitution, U.S. Const. art. VI, cl. 2, a state law which conflicts with federal law is preempted."
Cox v. Shalala
,
III.
As the bankruptcy and district courts found, the plain language of § 1326(a)(2) resolves this case and requires the Trustee return the post-petition payments to Webb. Once the Trustee returns the funds to Webb, the Division, or any other creditor, is free to levy upon Webb or others who possess his property. Section 1326(a)(2) simply prevents the Division from levying upon the Trustee when he is in possession of the post-petition payments.
Thus, for all the foregoing reasons, the judgment of the district court is
AFFIRMED.
Section 503(b) defines "administrative claims," none of which are claimed to be at issue here. In other words, the parties agree the administrative expense exception under § 1326(a)(2) has no application to the Division's claim for child support payments. Similarly, no party claims any entitlement "pursuant to paragraph (3)."
No part of the funds held by the Trustee represent a payment Webb made after his case was dismissed.
The bankruptcy court added in a footnote that:
In this case, the Division does not assert a claim under section 503(b) nor any rights to payments due and owing under section 1326(a)(3). No other creditors or parties in interest assert any claims under section 503(b) or right to payments due and owing under section 1326. Accordingly, under the statute, the funds held by the trustee "shall" be returned to the debtor.
J.A. 181 n.1.
The bankruptcy court stayed its order pending appeal. That stay is still in effect and the Trustee has not distributed the $3,000 in post-petition payments.
Reference
- Full Case Name
- Commonwealth of Virginia, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, Creditor - Appellant, v. Barry Spencer WEBB, Debtor - Appellee, Herbert L. Beskin, Ch. 13 Trustee, Trustee - Appellee, and U.S. Trustee, Trustee. Christopher T. Micale, Amicus Supporting Appellee.
- Cited By
- 7 cases
- Status
- Published