Rupp v. Posso (In re Castillo)
Rupp v. Posso (In re Castillo)
Opinion of the Court
MEMORANDUM DECISION
A chapter 7 trustee is charged with collecting property of the estate, reducing it to 'money, and distributing funds to creditors as expeditiously as possible.
In an effort to fulfill his statutory duties, the trustee in this case, Stephen Rupp (“Trustee”), brought the present adversary proceeding against Martin Posso, the brother of Venus Castillo, the debtor in the underlying chapter 7 case. The Trustee seeks to recover the value of a 2004 Ford F-150 truck based on an alleged fraudulent transfer of the truck from Castillo to Posso. In response to the Trustee’s claims, Posso asserts that his sister did not, in fact, own the truck at the time of the transfer. Instead, Posso says that Osvelia Pratt — Castillo and Posso’s mother — owned the truck and transferred it to him.
The Court conducted a trial on March 24, 2016, at which it heard the testimonies of Posso, Pratt, and Castillo.
I. FACTUAL BACKGROUND
On April 15, 2006, Pratt and Castillo entered into a Motor Vehicle Contract of Sale with Willey Ford Bountiful to pur
Unfortunately for Pratt, Castillo and Castillo Ramos stopped making payments shortly after the truck was purchased.
On December 16, 2008, Castillo and Castillo Ramos divorced. The Decree of Divorce awarded Castillo ownership of the truck, at least as between her and Castillo Ramos.
After the divorce, Castillo wanted to use the truck as- collateral to help Curb Appeal obtain a loan.
Castillo Ramos drove the truck until late 2011, when he dropped it off in Pratt’s front yard.
Castillo filed her chapter 7 bankruptcy petition on November 14, 2012, and Rupp was appointed as the chapter 7 trustee. Castillo failed to disclose the truck or the transfer of title in her bankruptcy statements and . schedules.
II. DISCUSSION
The threshold issue in any fraudulent transfer action, whether brought under § 548 or a state statute incorporated by § 544, is whether the debtor had an interest in the property that was transferred.
There is no dispute that Castillo transferred legal title to the truck to Mrs. Posso. In Utah, however, the fact that the registration and title of a vehicle are in an individual’s name “establishes only a presumption of ownership, rebutted by legally relevant evidence presented at trial and deemed credible by the court.”
Utah courts have considered the following factors as evidence of equitable ownership of a vehicle: “(1) possession; (2) agreement or intent to purchase; (3) exclusive use; (4) payment or value exchanged; (5) title or application for title, if applicable; (6) insurance or application for insurance; (7) control; (8) bill of sale; and (9) third-party security interests.”
A. Posso is the equitable owner of the truck.
Though Posso does not raise the issue, one of the Court’s concerns is whether the Trustee sued the correct defendant, since Castillo transferred the title of the truck to Mrs. Posso. In his testimony at the trial, Posso consistently referred to the truck as “my truck,” and Pratt testified that she gave the truck to him.
B. Castillo was not the equitable owner of the truck at the time that she transferred the title.
On the other hand, the facts of this case show that Castillo was not the equitable owner of the truck at the time she transferred the title to Mrs. Posso. When they purchased the truck, Castillo and Pratt apparently intended to co-own the truck. They both signed the purchase contract, the title was (probably) in both of their names, and both of them received some benefit from having the truck. But sometime between 2006 and the time that Castillo filed bankruptcy, their arrangement surrounding the ownership of the truck changed; the Trustee says that Castillo became the sole owner, while Posso says that Pratt became the sole owner.
The Trustee argues that at least three separate circumstances establish that Castillo owned the truck. First, the Trustee points to the Decree of Divorce, which awarded the truck' to Castillo. But the Decree of Divorce only binds Castillo and Castillo Ramos, since they are the parties to it.
Additional facts bolster the Court’s conclusion that Castillo was not the equitable owner of the truck. Castillo had not driven the truck since some time prior to her divorce in 2008, and it is not clear if she was ever the primary driver of the truck. Neither party presented evidence that Castillo insured the truck, though she testified at her § 341 meeting of creditors that she did not use the truck because she could not afford “anything with the truck.”
III. CONCLUSION
It is perfectly logical for a trustee to pursue a fraudulent transfer claim when the debtor transferred title to a vehicle, without consideration, just over a month prior to filing her bankruptcy petition. But under Utah state law, the Court must look past the obvious and examine the entirety of the circumstances to determine whether or not the debtor owned the vehicle. After carefully weighing the evidence, and considering the testimony of the witnesses, the Court finds that Castillo did not own the track in question, and its value should not be recovered for the benefit of her creditors. Castillo only transferred bare legal title, which is not what the Trustee seeks to recover. Accordingly, the Trustee’s claims for relief under §§ 544(b)(1) and 548(a)(1) are DENIED, and the adversary proceeding will be DISMISSED.
The Court will enter a separate judgment consistent with this Memorandum Decision.
. 11 U.S.C. § 704(a).
. The Court also heard the testimony of the Trustee’s valuation expert witness, David 01-son. Because the value of the truck does not factor into the Court's decision in this case, it is not necessary to review Olson’s testimony.
. Pltf. Exh. 11. Castillo also traded in her 2002 Honda Civic, on which she owed a balance of $8,094.37, for a net trade-in allowance of $0.
. Pltf. Exh. 12.
. Pltf. Exh. 12; 3/24/16 Trial Transcript at 11:58:10 a.m. to 11:59:55 a.m.
. Def. Exh. A. Neither party presented the original certificate of title, and the witnesses' testimonies did not clearly identify whose name the title was in when it was originally issued.
. 3/24/16 Trial Transcript at 11:59:04 a.m. to 11:59:26 a.m.
. Def. Exh. B.
. Pltf. Exh. 1.
. Pltf. Exh. 1; 3/24/16 Trial Transcript at 10:28:02 a.m. to 10:28:57 a.m.
. Pltf. Exh. 8 at 11.
. Id. at 13.
. Trial Transcript at 10:35:50 a.m. to 10:36:45 a.m.
. Pltf. Exh. 4. Castillo testified that she helped Curb Appeal obtain a business loan after her divorce with Castillo Ramos was finalized. However, in the Statement of Income, Expenses, Assets & Liabilities attached to their Decree of Divorce, the parties indicate that the-track "was used as collateral to secure a business loan.” It is unclear if there were multiple business loans secured by the track, and there is no evidence that any creditor placed a lien on the vehicle in May of 2011 or anytime thereafter.
. Pltf. Exh, 12; 3/24/16 Trial Transcript at 12:13:54 p.m. to 12:14:20 p.m.
. 3/24/16 Trial Transcript at 11:09:40 a.m. to 11:11:15 a.m.
. 3/24/16 Trial Transcript at 11:08:50 a.m. to 11:08:55 a.m.
. 3/24/16 Trial Transcript at 12:14:45 p.m. to 12:15:56 p.m.
. Pltf. Exh. 12.
. Pltf. Exh. 5.
. Pltf. Exh. 6.
; Main Case Docket # 2.
.Pltf. Exh. 8 at 6.
. Pltf. Exh. 8 at 12.
. Id. at 14.
. See 11 U.S.C. § 548(a)(1) (“The trustee may avoid any transfer ... of an interest of the debtor in property____ ”); U.C.A. § 25-6-2(2) (“ ‘Asset’ means property of a debt- or..., ”),
. Marshall v. FIA Card Servs., N.A. (In re Marshall), 550 F.3d 1251, 1255 (10th Cir. 2008).
. Lake Philgas Serv. v. Valley Bank & Trust Co., 845 P.2d 951, 957 (Utah Ct.App. 1993).
. See Lohman v. Headley, 293 P.3d 380, 382 (Utah Ct.App. 2012) (citing cases).
. 3/24/16 Trial Transcript at 12:14:41 p.m. to 12:14:58 p.m.
. 3/24/16 Trial Transcript at 11:16:50 a.m. to 11:16:53 a.m.
. 3/24/16 Trial Transcript at 11:06:22 a.m. to 11:07:07 a.m.
. /24/16 Trial Transcript at 10:36:45 a.m. to 10:36:58 a.m.
.Id.
. 3/24/16 Trial Transcript at 12:07:20 p.m. to 12:08:17 p.m.
. Pltf. Exh. 8 at 14.
. Pltf. Exh. 8 at 13.
. 3/24/16 Trial Transcript at 12:19:40 p.m. to 12:20:42 p.m.
. It is also worth noting that Posso approached Pratt, not Castillo, to ask her about her intentions with the truck.
Reference
- Full Case Name
- IN RE: Venus Emma CASTILLO, Debtor. Stephen W. Rupp, as Chapter 7 Trustee v. Martin A. Posso
- Cited By
- 1 case
- Status
- Published