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Hollytex Carpet Mills v. Tedford

United States Court of Appeals, Eighth Circuit
Oct 20, 1982
691 F.2d 392 (8th Cir. 1982)

Summary

holding that the date of filing petition in Chapter 7 case, despite subsequent change in state exemption law, determines law controlling extent of property exemption

Summary of this case from In re Butcher

Opinion

No. 82-1703.

Submitted October 13, 1982.

Decided October 20, 1982.

Blevins, Pierce Stanley, North Little Rock, Ark., for appellant.

Appeal from the United States District Court for the Western District of Arkansas.

Before ROSS and McMILLIAN, Circuit Judges, and DAVIES, Senior District Judge.

The Honorable Ronald N. Davies, Senior United States District Judge for the District of South Dakota, sitting by designation.


John and Viola Tedford (appellees) filed a petition pursuant to 11 U.S.C. § 1301-1330, together with a proposed plan, on May 14, 1980. The United States Bankruptcy Court for the Western District of Arkansas, later confirmed the plan. In the confirmed plan, appellees proposed to pay appellant an amount not less than what it would receive under a "straight liquidation" proceeding under Chapter 7 of the Bankruptcy Code.

At the time appellees' plan was confirmed, they had elected to utilize the federal exemptions available to them pursuant to 11 U.S.C. § 522(d). Appellees filed a third modification of their Chapter 13 plan on June 17, 1981. On that same date, an Arkansas statute prohibiting Arkansas residents from using the federal exemptions took effect. Ark.Stat.Ann. § 36-210 (1981).

Appellants objected to appellees' third modification plan because appellees continued to use the federal exemptions. The bankruptcy judge overruled appellant's objection. Appellant appealed to the district court on June 23, 1981. The district court affirmed the bankruptcy court decision on May 6, 1982.

The district court reviewed the following issues: 1) whether the date of the third modification of the plan, June 17, 1981, is the "effective date of the plan" under 11 U.S.C. § 1325(a)(4); 2) whether appellant would receive a greater payment on its claim if the debtor were to file a proceeding under Chapter 7 of the Bankruptcy Code.

The court found that a debtor may exempt any property that is exempt under federal, state or local law on the date of filing of the petition. 11 U.S.C. § 522(b). The petition commences the case. 11 U.S.C. § 101(31). The fact that a modification was filed at a later date does not change the effective date of the plan for the purpose of electing exemptions.

This is explained in a recent decision of the United States Bankruptcy Court for the District of Nebraska:

The debtors point to 11 U.S.C. § 1325(a)(4) which provides that the court shall confirm a plan if:

* * * the value, as of the effective date of the plan, of property to be distributed under the plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title on such date;

The issue before [the court] is to which date the statutory language "on such date" refers. The debtors argue that the statutory language refers to "the effective date of the plan" and that, as a result, the date of their proposed modification, which would take effect today rather than at some earlier point in time, is to be the measure for the amount to be paid to unsecured creditors.

It is difficult to read the statutory language as referring to other than "the effective date of the plan." * * *

Historically, the date of the filing on the petition in bankruptcy has been the cleavage date in defining rights of the debtor and his creditors. Trustee's avoiding powers generally arise on that date and the debtor's rights in exempt property also are defined on that date. * * * Nothing in the legislative history suggests that this historical concept is expressly modified by the use of the statutory language now under consideration.

In re Statmore, 22 B.R. 37 at 38 (Bkrtcy.D.Neb. 1982).

Appellant's claim that it would receive a greater payment under Chapter 7 is based on the erroneous assumption that the effective date of the plan is the date of the last modification.

We have carefully studied the record, including the district court's opinion and the appellant's brief. (Appellees did not file a brief in this appeal.) We find no merit to appellant's arguments, and accordingly affirm pursuant to Rule 14 of the Rules of this court on the basis of Judge Waters' opinion. Hollytex v. Tedford, 24 B.R. 197 (W.D.Ark. 1982).


Summaries of

Hollytex Carpet Mills v. Tedford

United States Court of Appeals, Eighth Circuit
Oct 20, 1982
691 F.2d 392 (8th Cir. 1982)

holding that the date of filing petition in Chapter 7 case, despite subsequent change in state exemption law, determines law controlling extent of property exemption

Summary of this case from In re Butcher

In Tedford the issues were whether a state law changing the exemptions available to debtors enacted after the petition date altered the exemptions available later in the case at the time the debtors filed a modified plan, and whether the date the modified plan was filed was the effective date of the plan for purposes of the best interests of creditors test.

Summary of this case from In re Cloninger

In Hollytex Carpet Mills v. Tedford, 691 F.2d 392, 393 (8th Cir. 1982), however, the Eighth Circuit held that the "effective date of the plan" referred to "the date of the filing on the petition in bankruptcy."

Summary of this case from In re Forbes

In Hollytex, the debtors elected certain exemptions at the time their original plan was confirmed pursuant to 11 U.S.C. § 522(d).

Summary of this case from In re Bremer

In Hollytex Carpet Mills v. Tedford, 691 F.2d 392 (8th Cir. 1982), debtors elected federal exemptions at the time of filing their chapter 13 petition.

Summary of this case from In re Musil

In Hollytex, the debtor elected federal exemptions pursuant to 11 U.S.C. § 522(d) at the time the original plan was confirmed.

Summary of this case from Matter of Bluridg Farms, Inc.
Case details for

Hollytex Carpet Mills v. Tedford

Case Details

Full title:HOLLYTEX CARPET MILLS, APPELLANT, v. JOHN V. TEDFORD AND VIOLA J. TEDFORD…

Court:United States Court of Appeals, Eighth Circuit

Date published: Oct 20, 1982

Citations

691 F.2d 392 (8th Cir. 1982)

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In re Cloninger

The phrase "on such date" relates back to "the effective date of the plan." Forbes v. Forbes (In re Forbes) ,…

In re Bremer

The District Court noted a conflict as to whether the Chapter 7 liquidation test time should be set at the…