Systems & Services Technologies v. Ruby Lee Davis

                                                                                     [PUBLISH]


                  IN THE UNITED STATES COURT OF APPEALS
                                                                                 FILED
                             FOR THE ELEVENTH CIRCUIT                  U.S. COURT OF APPEALS
                              ________________________                   ELEVENTH CIRCUIT
                                                                            December 16, 2002
                                                                          THOMAS K. KAHN
                                     No. 01-15491                               CLERK
                               ________________________

                          D.C. Docket No. 01-00023 CV-1-DHB
                                Bkcy. No. 98-12703-BKC

In Re:

                       RUBY LEE DAVIS,

                                                      Debtor.
----------------------------------------------------------------------------------------------------

SYSTEMS & SERVICES
TECHNOLOGIES, INC., Servicing
Agent for AEGIS Auto Finance,

                                                                           Plaintiff-Appellant,

                                              versus

RUBY LEE DAVIS,
BARNEE C. BAXTER, Trustee,
UNITED STATES TRUSTEE,

                                                                        Defendants-Appellees.
                             __________________________

                  Appeal from the United States District Court for the
                             Southern District of Georgia
                            _________________________
                                (December 16, 2002)

Before BIRCH and COX, Circuit Judges, and GEORGE*, District Judge.

PER CURIAM:

       In this bankruptcy appeal, we must decide whether a trustee in bankruptcy

has the authority to modify a Chapter 13 confirmation plan without an order from

the bankruptcy court. The district court upheld the bankruptcy court’s grant of a

Chapter 13 discharge based upon the trustee’s recommendation because the debtor

complied with the confirmation plan, which was unilaterally amended by the

trustee. Finding the discharge improper, we VACATE the discharge granted by

the bankruptcy court.

                                    I. BACKGROUND

       Defendant-appellee, Ruby Lee Davis, filed a United States Bankruptcy Code

Chapter 13 petition in the United States District Court for the Southern District of

Georgia, Augusta Division. Davis listed a 1995 Ford Aspire (the “Collateral”)

valued at $6,000, which partially secured an outstanding consumer loan serviced


*
  Honorable Lloyd D. George, United States District Judge for the District of Nevada, sitting by
designation.

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by plaintiff-appellant, Systems & Services Technologies, Inc. (“SST”). Creditor

SST held a properly perfected first priority security interest in the Collateral and

filed a claim with the trustee for $8,298.11.

      Prior to plan confirmation, Davis requested that the Collateral be substituted

by a replacement vehicle to be purchased by insurance proceeds from the loss of

the 1995 Ford Aspire. The bankruptcy court entered a substitution order, granting

Davis’s request to substitute a 1996 Ford Aspire for the previously listed Collateral

for the loan held by SST. The substitution order required that Davis remain current

on her monthly payments to the trustee.

      Thereafter, the Chapter 13 plan (the “Plan”) was confirmed and provided

that SST held a secured claim in the amount of $6,000, representing the listed

value of the Collateral, and a general unsecured claim in the amount of $2,298.11,

representing the balance of indebtedness in excess of the Collateral’s value.

Pursuant to the Plan, Davis was obligated to make monthly $161 payments to the

trustee. Over a period of almost five months, Davis did not make any Plan

payments to the trustee. SST filed a motion to dismiss, supported by an affidavit

of delinquency with the bankruptcy court, to which Davis responded that she was

unemployed and unable to meet the payments. The bankruptcy court denied SST’s

request for relief from the automatic stay because the substitution order did not


                                           3
provide the nature of relief afforded by the filing of an affidavit of delinquency.2

         The bankruptcy court subsequently entered a corrected substitution order

that permitted relief from the automatic stay in the event Davis failed to cure or

dispute a delinquency in her payments to the trustee. Shortly thereafter, SST filed

a second affidavit of delinquency. The bankruptcy judge lifted the automatic stay,

which cleared the way for SST to recover and dispose of the Collateral and apply

the proceeds against SST’s secured claim.

         Upon the bankruptcy court’s lifting of the automatic stay, the trustee

promptly discontinued payments to SST without direction by any order of the

bankruptcy court, or any motion, notice, or hearing involving the parties. The

Trustee sent a letter to Davis advising her that she paid sufficient funds to fulfill

the Plan. A copy of the letter was sent to the clerk of the court but was not

docketed. As a result, the bankruptcy court granted Davis a discharge, finding that

Davis fulfilled the Plan requirements. Davis had paid a total of $1,851.46 over a

twenty-month period. At the time of discharge, SST had been paid $200.10 on the

principal and $472.91 in interest for its secured claim and nothing on its unsecured

claim.3 SST had not disposed of the Collateral by the time of Davis’s discharge.

2
 The Plan was amended by bankruptcy court order to increase Davis’s payments to $180 per
month after the bankruptcy court denied SST’s motion to dismiss.
3
    The Plan provided that all unsecured creditors were to be paid 10% of the claim amount.

                                                 4
SST later sold the Collateral for $426 as permitted by the lifting of the automatic

stay.

        The day after entry of discharge, the trustee filed a final report with the

bankruptcy court. The final report set forth the trustee’s treatment of SST’s claims:

the secured claim was reduced to $673.01 as “paid out” and the unsecured claim

was disallowed entirely. The same day, SST filed a motion to have the discharge

vacated because its claims had not been satisfied in full, nor had the claims been

disallowed by bankruptcy court order; accordingly, SST argued, the grant of

discharge was procedurally improper. The bankruptcy court denied SST’s motion

to vacate, reasoning that SST’s claim was satisfied and that there existed no

misapprehension or mistake of the facts to warrant the vacating of the discharge

pursuant to Federal Rule of Civil Procedure 60(b).4 The bankruptcy court

remarked upon the value of finality in a discharge and found that SST received the

relief they sought in lifting the automatic stay. The district court affirmed the

bankruptcy court, finding no abuse of discretion by the bankruptcy court in

refusing to reopen the case and finding that the bankruptcy court’s determination

of absence of fraud was not clearly erroneous.


4
  Federal Rule of Civil Procedure 60(b), made applicable to bankruptcy proceedings by Federal
Rule of Bankruptcy Procedure 9024, allows a party relief “from final judgment, order or
proceeding for [inter alia] mistake, inadvertence, surprise, or excusable neglect.”

                                              5
        It is from this final order that SST timely noticed its appeal before us. The

issue before us is procedural in nature. We decide whether the trustee exceeded his

statutory authority by unilaterally altering the claim amounts prior to the discharge

of bankruptcy or without the benefit of a bankruptcy court order.5

                                     II. DISCUSSION

        We review de novo the determinations of law by the bankruptcy court and

district court, whether decided initially or in the district court’s appellate capacity.

In re Sublett, 895 F.2d 1381, 1383-84 (11th Cir. 1990). We defer to the factual

determinations by the bankruptcy court unless they are clearly erroneous. Id. at

1383.

        A Chapter 13 plan of confirmation has res judicata effect unless it is

subsequently modified by a bankruptcy court order. See 11 U.S.C. §§ 1327, 1329.

The confirmation plan includes, inter alia, the claim amounts that will be paid to

each creditor; therefore, the alteration of an amount to be distributed to a creditor is

a modification of that plan. 11 U.S.C. § 1329(a). Section 1329 sets forth the means

by which a modification may be obtained and provides that the confirmation plan

may be modified upon request by the trustee, debtor, or holder of an unsecured


5
  Because the appeal is disposed of on this issue alone, it is unnecessary to address SST’s
argument that the bankruptcy court abused its discretion in refusing to reopen the case pursuant
to Federal Rule of Civil Procedure 60(b).

                                                6
claim. Id. The “request” language of § 1329(a) presupposes that such request

must be accepted or denied by order of the bankruptcy court. Absent bankruptcy

court order of modification, the confirmation plan must be executed as originally

approved. § 1327(a). In addition, § 502 provides the statutory framework for

disallowance of a claim and anticipates bankruptcy court approval after objection

by a party in interest. 11 U.S.C. § 502. If no objection to the allowed claim is filed

pursuant to the procedure outlined in Federal Rule of Bankruptcy Procedure 3007,

the bankruptcy court will not have cause to consider or approve the disallowance

of the claim.

      It is undisputed that the trustee unilaterally reduced SST’s secured claim to

the value received and disallowed entirely the unsecured claim after the bankruptcy

court lifted the automatic stay. There is nothing in the record that demonstrates

that the trustee took this action pursuant to bankruptcy court order, or requested

such an order. In bypassing the adjudicative process surrounding the Plan

modification and disallowance of the claims, the trustee denied SST, as both a

secured and unsecured creditor, any opportunity to object to the modification or

disallowance. Absent a request by a proper party (i.e., the trustee) and

consideration and approval by the bankruptcy court, the trustee’s modification of

the Plan was invalid. Because the Plan modification was ineffective, Davis did not


                                          7
fulfill the payments as required by the Plan and the Chapter 13 discharge was

improper.6

                                    III. CONCLUSION

       In this bankruptcy appeal, creditor SST, which held secured and unsecured

claims in the confirmation plan, appeals the trustee’s unilateral modification and

disallowance of the claims without an order from the bankruptcy court as

exceeding the trustee’s statutory authority. We reverse the grant of discharge

afforded Davis by the bankruptcy court because the trustee acted unilaterally and

did not properly request a plan modification or claim disallowance, which would

have invoked the requisite adjudication by the bankruptcy court. Accordingly, the

grant of discharge by the bankruptcy court is VACATED, and the case is

REMANDED for further proceedings consistent with this opinion.




6
  We do not decide the relative merit of the trustee’s treatment of the claims outside the realm of
procedural propriety. The ultimate disposition of the Plan and STT’s claims under it will
necessarily be determined by the bankruptcy court on remand.

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