GLENN T. SUDDABY, Chief United States District Judge.
Currently before the Court, in this bankruptcy proceeding commenced by Kevin J. Kohout and Susan R. Kohout ("Debtors"), is an appeal filed by Debtors seeking review of an Order by United States Bankruptcy Judge Diane Davis dated November 10, 2016, denying Debtors' motion seeking a judgment declaring the mortgage lien held by Nationstar Mortgage, LLC ("Creditor" or "Nationstar") void by operation of 11 U.S.C. § 506(d). (Dkt. No. 1.) For the reasons that follow, the appeal is denied and Bankruptcy Judge Davis's Order is affirmed.
Generally, in their Adversary Complaint, Debtors allege as follows. (Dkt. No. 5, Attach. 11.) On April 14, 2010, Debtors filed a voluntary Chapter 13 petition and Chapter 13 plan. (Id., ¶ 5.) On August 4, 2010, the plan was confirmed by the Bankruptcy Court. (Id., ¶ 6.) On June 14, 2010, Bridgefield Corp. ("Bridgefield"), the company servicing Debtors' mortgage on property located at 16200 Main Street (a/k/a 16200 State Highway 23), Davenport, New York (the "Property"), filed a Proof of Claim that alleged a debt of $127,123.67 with an arrearage claim of $19,665.63. (Id., ¶ 7.) The Proof of Claim was docketed as Claim # 13. (Id.) On September 16, 2010, Aurora Bank, FSB ("Aurora") filed a transfer of claim other than for security, which transferred Claim # 13 from Bridgefield to Aurora. (Id., ¶ 8.) On October 14, 2010, the Chapter 13 Trustee, Mark W. Swimelar, filed a Notice of Claim that included Claim # 13. (Id., ¶ 9.)
On December 3, 2010, Debtors filed an objection to the Proof of Claim that was filed by Bridgefield. (Id., ¶ 10.) The basis for the objection was that (a) the Proof of Claim did not include any documentation showing that Bridgefield had a secured interest in the Property, and (b) Debtors did not believe that the arrearage amount was accurately stated. (Dkt. No. 4, Attach. 1.) On January 27, 2011, the Court issued an Order disallowing Claim # 13. (Dkt. No. 5, Attach. 11, ¶ 11.) The Order stated, as the basis for the disallowance of the claim, that "[n]o opposition was filed and no hearing was held." (Dkt. No. 4, Attach. 3.) On April 25, 2011, Aurora filed a motion for relief from the automatic stay but it withdrew its motion on July 22, 2011. (Dkt. No. 5, Attach. 11, ¶ 12.) On July 15, 2012, a transfer of claim other than for security was filed, transferring Claim # 13 from Aurora to Nationstar, after Nationstar took over the servicing of the mortgage loan. (Id., ¶ 13.)
On June 18, 2015, Debtors filed their Adversary Complaint seeking a determination
On March 21, 2016, Nationstar filed a motion for summary judgment, seeking an Order dismissing the Adversary Proceeding and allowing its secured first-priority mortgage lien to pass through bankruptcy. (Dkt. No. 6, at 51-67.) On the same date, Debtors also moved for summary judgment, seeking a judgment declaring the mortgage lien held by Nationstar void by operation of 11 U.S.C. § 506(d). (Dkt. No. 6, Attach. 1.) The parties filed a joint statement of facts in connection with their respective motions. (Dkt. No. 5, Attach. 13.)
On April 4, 2016, Nationstar filed its opposition to Debtors' motion. (Dkt. No. 6, Attach. 2.) On April 5, 2016, Debtors filed their opposition to Nationstar's motion. (Dkt. No. 6, Attach. 3.) On April 13, 2016, Nationstar filed its reply memorandum of law. (Dkt. No. 6, Attach. 4.) On April 21, 2016, Bankruptcy Judge Davis heard oral argument on the parties' respective motions. (Dkt. No. 6, Attach. 7.) On November 10, 2016, the Bankruptcy Court issued its Memorandum-Decision and Order granting Nationstar's motion and denying Debtors' motion. (Dkt. No. 2, at 8-21.) On November 16, 2016, Debtors filed a Notice of Appeal. (Id. at 22-23.)
Generally, liberally construed, Debtors' appellate brief asserts three arguments. (Dkt. No. 9 [Debtors' Mem. of Law].)
First, Debtors argue that the disallowance of Claim # 13 should be treated the same way as a disallowance under 11 U.S.C. § 502(b)(1) because Nationstar's predecessor-in-interest (i.e., Aurora or Bridgefield) failed to present evidence substantiating its Proof of Claim after Debtors filed an objection. (Id. at 12-13.)
Second, Debtors argue that assuming, arguendo, that there was not an adequate basis to disallow Nationstar's claim under 11 U.S.C. § 502, this should be irrelevant to this Court's analysis because a bankruptcy court has an obligation to ensure that its orders comply with applicable law, even when matters are presented on a default basis. (Id. at 16.) In other words, Debtors argue that, because the Bankruptcy Court in this case made a final ruling that Nationstar's claim was disallowed, and because this ruling was never appealed, it should be treated as final and binding. (Id. at 17-18.) Therefore, Debtors argue, because the Bankruptcy Court's order disallowed Nationstar's claim, Nationstar's lien
Third, and finally, Debtors argue that equitable considerations do not warrant a divergence from the clear legal consequences of the disallowance of Nationstar's Proof of Claim. (Id. at 18.) Specifically, Debtors distinguish the following cases from the present case: In re Tarnow, 749 F.2d 464 (7th Cir. 1984), In re Hamlett, 322 F.3d 342 (4th Cir. 2003), and In re Shelton, 735 F.3d 747 (8th Cir. 2013). (Id.) Debtors argue that, in all three of these cases, a creditor filed an untimely proof of claim, which the courts held was tantamount to not filing a claim at all. (Id.) Debtors argue that the courts in these cases were concerned about the equity of allowing a mortgage creditor to lose its in rem rights by filing an untimely claim when the merits and validity of those rights would never be addressed. (Id.) Debtors argue that the same equity concerns are not present in this case because a timely Proof of Claim was filed and Nationstar's predecessor-in-interest chose to ignore a properly noticed objection to its claim. (Id.)
Furthermore, Debtors argue that they have been affected by Nationstar's failure to defend the validity of its Proof of Claim because it prevented them from curing secured claims under 11 U.S.C. § 1322(c)(1). (Id. at 19.) Debtors argue that they have completed their Chapter 13 plan and received a discharge from the Bankruptcy Court by using all of their disposable income to pay off debt under the terms of their Chapter 13 plan. (Id.) Because Nationstar's claim was disallowed, Debtors argue that other creditors received more money than they would have otherwise received had Nationstar's claim been paid through the Chapter 13 plan. (Id.) Finally, Debtors argue that affirming the Bankruptcy Court's ruling would create fundamental inequities between the rights of creditors and debtors, such as encouraging creditors to ignore the bankruptcy process. (Id. at 20.)
Generally, Nationstar's response brief asserts three arguments. (Dkt. No. 12 [Nationstar's Opp'n Mem. of Law].)
First, Nationstar argues that the Bankruptcy Court properly found that the narrow textual reading of 11 U.S.C. § 506(d) urged by Debtors runs contrary to both nationwide legal precedent and longstanding bankruptcy principles. (Id. at 12-13.) Specifically, Nationstar argues that well-established legal precedent dictates that § 506(d) may not be used to void a lien that has not been found to be invalid in substance. (Id. at 13.) Because Nationstar argues that this issue is one of first impression in the Second Circuit, Nationstar relies on five cases in support of its argument that § 506(d) cannot be used as a mechanism for voiding an otherwise valid secured lien simply because the creditor's proof of claim was disallowed for reasons other than on the merits: In re Tarnow, 749 F.2d at 464; In re Hamlett, 322 F.3d at 342; In re Shelton, 735 F.3d at 747; In re Be-Mac Transport Co., Inc., 83 F.3d 1020 (8th Cir. 1996), and In re Oudomsouk, 483 B.R. 502 (Bankr. M.D. Tenn. 2012). (Id. at 13-17.)
With regard to Debtors' reliance on In re Blendheim, Nationstar argues that the Bankruptcy Court properly found that the case was not applicable to this case. (Id. at 19.) Specifically, Nationstar argues that the failure to respond to Debtors' objection was not "akin to a concession of error" because (a) Debtors' objection did not challenge the validity of the Proof of Claim,
Second, Nationstar argues that the disallowance of its Proof of Claim was procedural and not on the merits for the following four reasons: (1) claims can be disallowed under 11 U.S.C. § 502 only when the objection falls under one of the enumerated categories set forth in § 502(b), which do not include an alleged lack of documentation or a dispute as to the amount of money owed; (2) the Bankruptcy Court stated in its Memorandum-Decision and Order that its ruling was based on procedural grounds and that it did not examine the merits of Debtors' objection; (3) the disallowance of the Proof of Claim in this case is not akin to a disallowance under § 502 because (a) Debtors did not cite any provision of § 502(b) in their objection, (b) Debtors acknowledge that Nationstar holds a valid perfected mortgage lien, and (c) Debtors have acknowledged that the only substantive grounds for disallowance of a claim are expressly set forth in the Bankruptcy Code itself; and (4) whether or not the Bankruptcy Court's order disallowing the Proof of Claim was a "final order" is irrelevant to whether the order can be used as a basis for voiding Nationstar's lien pursuant to § 506(d). (Id. at 22-26.)
Third, and finally, Nationstar argues that the balance of the equities favors preservation of its lien for the following five reasons: (1) the Bankruptcy Court's Memorandum-Decision and Order is in accord with Hamlett, Shelton, Tarnow, and Oudomsouk because, as in those cases, the underlying claim was disallowed without any opportunity for the court to examine the merits of the claim or the substantive validity of the lien; (2) Nationstar has affirmatively shown that it has a valid perfected secured mortgage lien; (3) Debtors' argument (that they have lost the right to cure secured claims if Nationstar's lien is preserved) is disingenuous because it was Debtors who objected to the Proof of Claim in the first instance; (4) Debtors are not being harmed or prejudiced by the preservation of the lien because Nationstar is simply exercising its right to allow its mortgage lien to pass through bankruptcy and pursue its underlying in rem rights; and (5) Debtors have benefitted from being allowed to live at the subject premises for approximately eight years without making a single mortgage payment. (Id. at 26-28.)
Generally, in their reply brief, Debtors argue that 11 U.S.C. § 502(b) is unambiguous and a plain reading of that provision dictates that disallowance of Nationstar's Proof of Claim could have occurred only under § 502(b) and not because of a lack of documentation. (Dkt. No. 13, at 7 [Debtors'
This Court has jurisdiction to hear this appeal under 28 U.S.C. § 158(a). On an appeal, "a district court may affirm, modify, or reverse a bankruptcy judge's judgment, order, or decree or remand with instructions for further proceedings." Verna v. U.S. Bank Nat'l Ass'n, 15-CV-1127, 2016 WL 5107115, at *2 (N.D.N.Y. Sept. 20, 2016) (Kahn, J.) (citing former Fed. R. Bankr. P. 8013); accord, W. Milford Shopping Plaza, LLC v. The Great Atl. & Pac. Tea Co. (In re Great Atl. & Pac. Tea Co.), 14-CV-4170, 2015 WL 6395967, at *2 (S.D.N.Y. Oct. 21, 2015).
After carefully considering the matter, the Court affirms Bankruptcy Judge Davis's Order granting Nationstar's motion for summary judgment and denying Debtors' motion for summary judgment for the reasons stated in Judge Davis's Memorandum-Decision and Order as well as for the reasons stated in Nationstar's response brief. (Dkt. No. 12, at 13-28 [Nationstar's Opp'n Mem. of Law].) To those reasons, the Court adds the following analysis.
As an initial matter, the Court notes that Debtors' arguments are well taken and that the issue in this case presents a close call. Indeed, as the Bankruptcy Court noted, "the plain language of § 506(d) appears to support Debtors' argument when read literally and in isolation[.]" (Dkt. No. 1, Attach. 1, at 12 [Bankruptcy Ct. Decision and Order].) Furthermore, the Ninth Circuit's decision in Blendheim provides persuasive support for Debtors' position. However, the Court agrees for the reasons stated by the Bankruptcy Court that Blendheim is sufficiently distinguishable from the present case because the creditor in Blendheim clearly slept on its rights and there was a substantive challenge to the creditor's proof of claim. (Id. at 11.)
Accordingly, for the foregoing reasons, the Court affirms the decision of the Bankruptcy Court. The Court notes that it does not condone a creditor's failure to respond to a debtors' objection after the creditor has filed a timely proof of claim. Although Nationstar's predecessor-in-interest did not have to file a proof of claim to preserve its lien, it chose to do so, thereby subjecting itself to the jurisdiction of the Bankruptcy Court and its rules. Nationstar's predecessor-in-interest therefore should have remained vigilant in defending the validity of its lien once Debtors filed an objection instead of deciding, without warning, that it would rely on the longstanding rule that a creditor can ignore the claims allowance process without losing its in rem rights. Indeed, it is only because no determination was made as to the validity of Nationstar's lien and the fact that Debtors conceded that Nationstar holds a valid perfected mortgage lien that Nationstar does not now face the same consequences as the creditor in Blendheim.