Meehan, In re

• Decision Date: 08 January 1997
• Docket Number: No. 95-8347,95-8347
• Citation: 102 F.3d 1209
• Parties: -399, 65 USLW 2460, 37 Collier Bankr.Cas.2d 375, Bankr. L. Rep. P 77,220, 20 Employee Benefits Cas. 2326, 10 Fla. L. Weekly Fed. C 654 In re Virginia Ann MEEHAN, Debtor. Virginia Ann MEEHAN, Plaintiff-Appellant, v. A. Stephenson WALLACE, Chapter 7 Trustee, Defendant-Appellee.
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 1209

102 F.3d 1209

79 A.F.T.R.2d 97-399, 65 USLW 2460,

37 Collier Bankr.Cas.2d 375,

Bankr. L. Rep. P 77,220,

20 Employee Benefits Cas. 2326,

10 Fla. L. Weekly Fed. C 654

In re Virginia Ann MEEHAN, Debtor Virginia Ann MEEHAN, Plaintiff-Appellant, v. A. Stephenson WALLACE, Chapter 7 Trustee, Defendant-Appellee.

No. 95-8347.

United States Court of Appeals, Eleventh Circuit.

Jan. 8, 1997.

Jay M. Sawilowsky, Augusta, GA, for Plaintiff-Appellant.

A. Stephenson Wallace, Augusta, GA, pro se.

Appeal from the United States District Court for the Southern District of Georgia.

Before TJOFLAT and ANDERSON, Circuit Judges, and NANGLE ^*, Senior District Judge.

ANDERSON, Circuit Judge:

Appellant Virginia Ann Meehan is a Chapter 7 debtor. The contested property is debtor's individual retirement account (IRA), which debtor claims is excluded from property of the estate under 11 U.S.C.A. § 541(c)(2). Both the bankruptcy court and the district court rejected debtor's argument and held that the IRA was included in her bankruptcy estate. We hold that debtor's IRA is excluded from the estate under 11 U.S.C.A. § 541(c)(2) because of the restriction on its transferability. Accordingly, we reverse.

I. FACTS

The facts are not in dispute. Debtor Virginia Ann Meehan filed for relief under Chapter 7 of the Bankruptcy Code on March 25, 1993, as a result of $125,000 of unsecured debt incurred from her ownership and operation of a children's store. Included in debtor's schedules was an IRA, which was opened in 1983 and valued at $20,954.47. The parties stipulated that debtor's IRA was one defined by § 408 of the Internal Revenue Code [Title 26 of the United States Code]. ¹

II. DISCUSSION

A. Standard of Review

The sole question at issue in this case is whether 11 U.S.C.A. § 541(c)(2) excludes from the property of a bankruptcy estate an IRA which is subject to a restriction on transfer by a state statute. The proper construction of the Bankruptcy Code, whether by the bankruptcy court or by the district court, is a matter of law. Accordingly, we subject such interpretations to de novo review. In re Haas, 48 F.3d 1153, 1155 (11th Cir.1995).

B. Analysis

Property of a bankruptcy estate includes "all legal and equitable interests of the debtor in property as of the commencement of the case." 11 U.S.C.A. § 541(a)(1). The scope of § 541(a)(1) is broad, and includes property of all types, tangible and intangible, as well as causes of actions. United States v. Whiting Pools, Inc., 462 U.S. 198, 205 & n. 9, 103 S.Ct. 2309, 2313 & n. 9, 76 L.Ed.2d 515 (1983).

Debtor argues that her IRA is excluded from the bankruptcy estate pursuant to 11 U.S.C.A. § 541(c)(2), which provides:

A restriction on the transfer of a beneficial interest of the debtor in a trust that is enforceable under applicable nonbankruptcy law is enforceable in a case under this title. ²

Debtor argues that her IRA should be excluded from the estate under § 541(c)(2) because O.C.G.A. § 18-4-22(a) imposes a restriction on transfer by garnishment. Section 18-4-22(a) provides in relevant part Funds or benefits from an individual retirement account as defined in Section 408 of the United States Internal Revenue Code of 1983, as amended, [are] exempt from the process of garnishment until paid or otherwise transferred to a member of such program or beneficiary thereof.

Appellee, the bankruptcy trustee, sets forth two reasons why debtor's IRA should not qualify for the § 541(c)(2) exclusion: first, because the transfer restriction is contained only in the Georgia statute and is not contained within the IRA document itself; and second, because debtor Meehan had access to the IRA funds for personal use and the restriction was applicable only to creditors. ³

In rejecting Meehan's claim for exclusion of the property, both the bankruptcy court and the district court relied in part on the fact that the restriction on transfer was contained only within the Georgia statute; the courts below found it significant that the IRA document itself contained no restriction on transfer. Both the district court and the bankruptcy court relied on dicta in Patterson v. Shumate, 504 U.S. 753, 112 S.Ct. 2242, 119 L.Ed.2d 519 (1992), which suggests that IRAs ordinarily will not qualify for exclusion under § 541(c)(2) because such plans usually lack transfer restrictions enforceable under applicable nonbankruptcy law. Read by itself, the dicta would provide some support for the interpretation of the courts below. However, read within its context, it is clear that the Court was commenting upon the fact that IRAs are not subject to the ERISA-mandated anti-alienation provision (i.e., federal law does not mandate that IRAs contain such clauses). Thus, the Court was commenting on the fact that IRA documents typically would not contain transfer restrictions. It is clear from the context of the Shumate dicta that the Court was not addressing the very different factual situation of this case--i.e., where state law provides a restriction on the transferability of the IRA.

We conclude that the § 541(c)(2) exclusion is not lost merely because the IRA document itself does not contain the restriction, it being contained instead in the Georgia statute. Our conclusion is supported by the plain meaning of the language of § 541(c)(2), which requires only that the restriction be "enforceable under applicable nonbankruptcy law." ⁴ Nothing in the language of the statute suggests that the restriction must be contained both within a relevant nonbankruptcy statute and also within the trust instrument itself. ⁵ Section 18-4-22(a) of the Official Code of Georgia Annotated clearly constitutes "applicable nonbankruptcy law." In order for the restriction in § 18-4-22(a) to be enforceable, nothing in Georgia law requires that the restriction be repeated in any IRA document. Common sense also supports our interpretation; a restriction is no less enforceable because it is located in the statute rather than in the document.

In addition to the plain meaning of § 541(c)(2) and common sense, we believe our conclusion is supported by the case law. In Whetzal v. Alderson, 32 F.3d 1302 (8th Cir.1994), the Eighth Circuit held that a debtor's interest in his civil service retirement benefits was excluded from his bankruptcy estate under § 541(c)(2) because of the statutory restriction on alienation contained in 5 U.S.C. § 8346(a). As in this case, the restriction on transfer was contained in the statute, as neither the Whetzal opinion nor the statute indicates that there would be a plan document. ⁶ See also In re Yuhas, 186 B.R. 381 (Bankr.D.N.J.1995) (where an IRA which did not contain a provision restricting creditor access to funds was nevertheless excluded from the bankruptcy estate under § 541(c)(2) because a state statute restricting access constituted "applicable non-bankruptcy law").

The appellee-trustee also argues that debtor Meehan's IRA cannot be excluded from her bankruptcy estate because she could withdraw the corpus of the trust and incur only a 10% penalty tax. The district court perceived an inequity in allowing debtors to shield IRA funds from creditors notwithstanding the debtors' ability to withdraw the corpus for personal use. In addition to the district court, bankruptcy courts have relied on this factor. See In re Van Nostrand, 183 B.R. 82, 85 (Bankr.D.N.J.1995); In re Harless, 187 B.R. 719, 726 (Bankr.N.D.Ala.1995). Although we recognize the force of the trustee's argument, we conclude that the case law indicates otherwise.

The Supreme Court in Patterson v. Shumate, 504 U.S. 753, 112 S.Ct. 2242, 119 L.Ed.2d 519 (1992), resolved a split among the circuits regarding whether the phrase "applicable nonbankruptcy law" referred to in § 541(c)(2) was limited only to state spendthrift trust law or instead encompassed federal law as well. ⁷ The Court rejected those pre-Shumate cases which had limited the § 541(c)(2) exclusion to state spendthrift trust law. Shumate, 504 U.S. at 761 & n. 4, 112 S.Ct. at 2248 & n. 4. The pre-Shumate cases had declined to apply the § 541(c)(2) exclusion to ERISA plans because plan beneficiaries have a greater ability to access plan funds than beneficiaries of spendthrift trusts. See e.g., In re Goff, 706 F.2d at 587; In re Lichstrahl, 750 F.2d at 1490.

In deciding whether the ERISA plan in which Shumate participated was excluded from the estate under § 541(c)(2), the district court in Shumate relied on the pre-Shumate cases which narrowly interpreted § 541(c)(2). Creasy v. Coleman Furniture Corp., 83 B.R 404, 406-08 (W.D.Va.1988). ⁸ The district court thus inquired into whether the pension plan at issue, which satisfied the applicable requirements for ERISA, ⁹ qualified as a state spendthrift trust. Id. at 407-09. The crux of the district court's inquiry focused on the degree of dominion and control which Shumate exercised over the pension plan. Id. at 408-09 (citing In re Lichstrahl, 750 F.2d at 1490; In re Goff, 706 F.2d at 588). Shumate controlled 96% of the voting stock of the plan sponsor, and therefore had the power to terminate the plan and receive his interest in a lump sum. The district court concluded: "Shumate exercised such power over the ... pension trust that he could control it to suit his needs." Creasy, 83 B.R. at 408. As a result of Shumate's extensive control over the plan, the district court found that the plan was "inconsistent with the notion of spendthrift trusts," and held that it was not covered by § 541(c)(2). Id.

The Fourth Circuit reversed the district court's holding in light of In re Moore, 907 F.2d 1476 (4th Cir.1990), which held that "applicable nonbankruptcy law" includes the law of ERISA. Shumate v. Patterson, 943 F.2d 362, 363 (4th Cir.1991). The Fourth Circuit stated that the district court's "focus on state spendthrift trust law, which looks to the reality behind the non-alienation provision, is misplaced." Id. at 364. The Fourth Circuit...