3:25-bk-32010•Adam Wade Campbell
Texto completo
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TENNESSEE In re Case No. 3:25-bk-32010-SHB ADAM WADE CAMPELL Chapter 7 Debtor MEMORANDUM AND ORDER ON AMENDED MOTIONS TO AVOID LIENS PURSUANT TO 11 U.S.C. § 522(f)(1)(A) Before the Court are two Amended Motions to Avoid Judicial Liens (collectively, “Amended Motions”) filed by Debtor on May 4, 2026, which seek, pursuant to 11 U.S.C. § 522(f)(1)(A), to avoid the judicial liens of ABC Supply Co. Inc. and Builders FirstSource, Inc., respectively, on real property located at 1907 Ivydale Road, LaFollette, Tennessee (“Residence”). [Docs. 47, 48.] Specifically, Debtor argues that both judicial liens impair the $35,000.00 homestead exemption provided by Tennessee Code Annotated section 26-2-301.1 Builders FirstSource, Inc. filed its objection on April 2, 2026, based on the valuation of the real property at $70,900.00. [Doc. 39.] A hearing was held on May 7, 2026. This memorandum and order memorializes the Court’s ruling at that hearing. 1 Debtor filed a Notice of Filing on May 4, 2026 [Doc. 51], in support of the Amended Motions. SO ORDERED. SIGNED this 11th day of May, 2026 THIS ORDER HAS BEEN ENTERED ON THE DOCKET. PLEASE SEE DOCKET FOR ENTRY DATE. _____________________________________________________________ Case 3:25-bk-32010-SHB Doc 61 Filed 05/11/26 Entered 05/11/26 10:22:12 Desc Main Document Page 1 of 5
All legal and equitable interests of a debtor in property become property of the bankruptcy estate at the commencement of a case. 11 U.S.C. § 541(a)(1). Certain property, however, may be exempt from the estate pursuant to 11 U.S.C. § 522(b). See also Tenn. Code Ann. § 26-2-112 (requiring debtors residing in Tennessee to use the state statutory exemptions). To properly claim exemptions, debtors must list the property and the appropriate statutory authority in Schedule C. See Fed. R. Bankr. P. 4003(a). Any party in interest objecting to a claimed exemption must prove that the debtor is not entitled to the exemption by a preponderance of the evidence. In re Arwood, 289 B.R. 889, 893 (Bankr. E.D. Tenn. 2003) (citing Fed. R. Bankr. P. 4003(c)). Debtors also may “avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is – (A) a judicial lien.” 11 U.S.C. § 522(f)(1)(A); see also Fed. R. Bankr. P. 4003(d)(1). To successfully avoid such a lien, a debtor must establish that the lien is a judicial lien; that the lien attaches to a pre-existing property interest of debtor’s; and that the lien impairs an exemption to which debtor would otherwise be entitled.” See In Snyder, 645 B.R. 595, 601 (Bankr. N.D. Ohio 2022) (citations omitted). Debtor claimed a $35,000.00 homestead exemption on his Schedule C filed on October 27, 2025 [Doc. 1 at 25], pursuant to the following Tennessee statutory authority: An individual, whether a head of family or not, shall be entitled to a homestead exemption upon real property which is owned by the individual and used by the individual or the individual's spouse or dependent, as a principal place of residence. The aggregate value of such homestead exemption shall not exceed thirty-five thousand dollars ($35,000); provided, individuals who jointly own and use real property as their principal place of residence shall be entitled to homestead exemptions, the aggregate value of which exemptions combined shall not exceed fifty-two thousand five hundred dollars ($52,500), which shall be divided equally among them in the event the homestead exemptions are claimed in the same proceeding; provided, if only one (1) of the joint owners of real property used as their principal place of residence is involved in the proceeding wherein homestead exemption is claimed, then the individual’s homestead exemption shall be thirty- five thousand dollars ($35,000). The homestead exemption shall not be subject to Case 3:25-bk-32010-SHB Doc 61 Filed 05/11/26 Entered 05/11/26 10:22:12 Desc Main Document Page 2 of 5
execution, attachment, or sale under legal proceedings during the life of the individual. Upon the death of an individual who is head of a family, any such exemption shall inure to the benefit of the surviving spouse and their minor child or child who is eighteen (18) years of age or older and has a developmental disability or intellectual disability for as long as the spouse, minor child, or child who is eighteen (18) years of age or older and has a developmental disability or intellectual disability uses such property as a principal place of residence. Tenn. Code Ann. § 26-2-301(a). Ann Mostoller, Chapter 7 Trustee, filed an objection to the exemption on January 28, 2026 [Doc. 27], but later filed a withdrawal of that objection on March 13, 2026 [Doc. 32]. Debtor argues that because the Trustee withdrew her objection, the exemption has been allowed. Notwithstanding Debtor’s argument, however, allowance and entitlement are two different concepts, and Debtor is not entitled to claim the homestead exemption under Sixth Circuit authority interpreting Tennessee law because the homestead exemption does not apply to Debtor’s right of survivorship in a tenancy by the entireties. Debtor does not dispute that he is married and owns the Residence jointly with his wife as tenants by the entireties, through which both spouses are “seized of the whole or the entirety . . . , and ownership of the property, as a whole, fully vests in the surviving spouse upon the death of the other spouse.” In re Arwood, 289 B.R. at 893 (citation omitted). Instead, he argues, in essence, that In re Arwood was incorrectly decided and that a married debtor who files an individual case is nevertheless entitled to claim a homestead exemption to avoid a judicial lien under § 522(f). The Court, however, disagrees. As stated in In re Arwood, an individual debtor “does not have a vested homestead exemption in his survivorship interest” in a residence owned jointly with a non-filing spouse as tenants-by-the-entireties, id. at 897, and “[t]he bankruptcy courts in Tennessee have consistently held that a debtor has no homestead exemption in the right of survivorship.” Id. at 895 (citation modified). The decision in In re Arwood is based significantly on Arango v. Third Nat’l Bank (In re Arango), 992 F.2d 611, 615 (6th Cir. 1993), in which the Sixth Circuit examined this exact Case 3:25-bk-32010-SHB Doc 61 Filed 05/11/26 Entered 05/11/26 10:22:12 Desc Main Document Page 3 of 5
issue: whether a debtor was authorized to claim the homestead exemption in property owned jointly with his spouse as tenants-by-the entireties when only he had filed a bankruptcy case. After analyzing Tennessee law and the nature of ownership by spouses, the court determined the following: Third National’s lien does not impair an exemption to which Arango would be entitled but for the existence of the lien. Third National’s lien encumbers Arango’s right of survivorship, which Arango concedes is part of his bankruptcy estate. Third National’s lien, however, does not encumber Arango’s present possessory interest in his entireties property under Tennessee law because Tennessee does not consider entireties property to be the property of each individual spouse. Third National is not able under Tennessee law to foreclose on its lien against Arango’s present ability to use and enjoy the entireties property. Therefore, Arango’s present possessory interest in the entireties property is not impaired, for purposes of section 522(f), by Third National’s lien. Id. at 615. The holding in Arango remains the law of this Circuit. See, e.g., Blachy v. Butcher, 221 F.3d 896, 907 (6th Cir. 2000) (“By recognizing an interest in entireties property that is part of a debtor's bankruptcy estate, In re Arango implicitly recognized the corresponding interest that would not be part of the debtor's estate.”); Teems v. Thomas (In re Thomas), No. 17-25100- L, Adv. No. 18-00015, 2018 WL 10731606, at *6 (Bankr. W.D. Tenn. Sept. 27, 2018) (“[T]he trustee in bankruptcy may sell the debtor's right of survivorship subject to the homestead exemption. If and when the debtor is the survivor, he would be entitled to receive the value of the exemption from the purchaser. He is not, however, entitled to the value of the homestead exemption from the proceeds of sale.”) (citation omitted)).2 To the extent that Debtor argues that his assertion of a homestead exemption is unassailable under Rule 4003(b), the Court disagrees. Under Tennessee law, the statutory homestead exemption does not apply to a spouse’s right to survivorship in property held as 2 Debtor urges the Court to apply the holding of Brinley v. LPP Mortgage, Ltd. (In re Brinley), 403 F.3d 415 (6th Cir. 2005), in which the Sixth Circuit acknowledged that a judicial lien impaired a residence owned by the parties as tenants-by-the-entireties. This Court does not agree that In re Brinley, which was decided under Kentucky law and does not discuss the issue of entitlement to a homestead exemption, is inapplicable. However, under In re Brinley, Debtor would be required to calculate the § 522(f) formula using the full value of the Residence, which would mean that the liens would not impair the exemption. See id. at 420. Case 3:25-bk-32010-SHB Doc 61 Filed 05/11/26 Entered 05/11/26 10:22:12 Desc Main Document Page 4 of 5
tenants by the entireties. The property to which the homestead does apply is not property of this bankruptcy estate. Only the right of survivorship – and not the homestead itself – is property of the bankruptcy estate. See Arango, 992 F.2d at 614 (“Therefore, incorporating Tennessee law into 11 U.S.C. § 522(b)([3])(B), as required by that subsection, [the debtor’s] bankruptcy estate does not include his present possessory interest in property he holds as a tenant by the entirety, but his bankruptcy estate does include his right of survivorship in that property.”) Debtor’s Schedules A/B and C identify the Residence with a value of $70,900.00 – not the right of survivorship. Claiming the homestead exemption in the Residence is simply ineffective to claim an exemption in the right of survivorship, for which there is no exemption under Tennessee law. See id. at 615-16 (stating that the “lien encumbers [the debtor’s] right of survivorship, which [the debtor] concedes is part of his bankruptcy estate” and ruling that because the judgment “lien does not impair, for purposes of 11 U.S.C. § 522(f)(1), any of [the debtor’s] exemptions,” the lien could not be avoided). Because only Debtor’s survivorship interest in the Residence is property of the estate, and the homestead exemption does not apply to that survivorship interest under Sixth Circuit and Tennessee law, the Court, accordingly, directs the following: 1. The Amended Motion to Avoid Judicial Lien Pursuant to 11 U.S.C. § 522(f)(1)(A) filed by Debtor on May 4, 2026 [Doc. 47], seeking to avoid the lien of ABC Supply Co. Inc. is DENIED. 2. The Amended Motion to Avoid Judicial Lien Pursuant to 11 U.S.C. § 522(f)(1)(A) filed by Debtor on May 4, 2026 [Doc. 48], seeking to avoid the lien of Builders FirstSource, Inc. is DENIED. ### Case 3:25-bk-32010-SHB Doc 61 Filed 05/11/26 Entered 05/11/26 10:22:12 Desc Main Document Page 5 of 5
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.