OPINION OF THE COURT
SCHWAB V. REILLY
560 U. S. ____ (2010)
SUPREME COURT OF THE UNITED STATES
NO. 08-538
WILLIAM G. SCHWAB, PETITIONER
v. NADEJDA
REILLY
on writ of certiorari to the united states court of
appeals for the third circuit
[June 17, 2010]
Justice Thomas delivered the
opinion of the Court.
When a debtor files a Chapter 7
bankruptcy petition, all of the debtor’s assets become property of
the bankruptcy estate, see 11 U. S. C. §541, subject to the
debtor’s right to reclaim certain property as “exempt,”
§522(
l). The Bankruptcy Code specifies the types of
property debtors may exempt, §522(b), as well as the maximum value
of the exemptions a debtor may claim in certain assets, §522(d).
Property a debtor claims as exempt will be excluded from the
bankruptcy estate “[u]nless a party in interest” objects.
§522(
l).
This case presents an opportunity for us to
resolve a disagreement among the Courts of Appeals about what
constitutes a claim of exemption to which an interested party must
object under §522(
l). The issue is whether an interested
party must object to a claimed exemption where, as here, the Code
defines the property the debtor is authorized to exempt as an
interest, the value of which may not exceed a certain dollar
amount, in a particular type of asset, and the debtor’s schedule of
exempt property accurately describes the asset and declares the
“value of [the] claimed exemption” in that asset to be an amount
within the limits that the Code prescribes. Fed. Rule Bkrtcy. Proc.
Official Form 6, Schedule C (1991) (hereinafter Schedule C). We
hold that, in cases such as this, an interested party need not
object to an exemption claimed in this manner in order to preserve
the estate’s ability to recover value in the asset beyond the
dollar value the debtor expressly declared exempt.
I
Respondent Nadejda Reilly filed
for Chapter 7 bankruptcy when her catering business failed. She
supported her petition with various schedules and statements, two
of which are relevant here: Schedule B, on which the Bankruptcy
Rules require debtors to list their assets (most of which become
property of the estate), and Schedule C, on which the Rules require
debtors to list the property they wish to reclaim as exempt. The
assets Reilly listed on Schedule B included an itemized list of
cooking and other kitchen equipment that she described as “business
equipment,” and to which she assigned an estimated market value of
$10,718. App. 40a, 49a–55a.
On Schedule C, Reilly claimed two
exempt interests in this equipment pursuant to different sections
of the Code. Reilly claimed a “tool[s] of the trade” exemption of
$1,850 in the equipment under §522(d)(6), which permits a debtor to
exempt his “aggregate interest, not to exceed $1,850 in value, in
any implements, professional books, or tools, of [his] trade.” See
also 69 Fed. Reg. 8482 (2004) (Table). And she claimed a
miscellaneous exemption of $8,868 in the equipment under
§522(d)(5), which, at the time she filed for bankruptcy, permitted
a debtor to take a “wildcard” exemption equal to the “debtor’s
aggregate interest in any property, not to exceed” $10,225 “in
value.”[
Footnote 1] See App.
58a. The total value of these claimed exemptions ($10,718) equaled
the value Reilly separately listed on Schedules B and C as the
equipment’s estimated market value, see
id., at 49a,
58a.
Subject to exceptions not relevant here, the
Federal Rules of Bankruptcy Procedure require interested parties to
object to a debtor’s claimed exemptions within 30 days after the
conclusion of the creditors’ meeting held pursuant to Rule 2003(a).
See Fed. Rule Bkrtcy. Proc. 4003(b). If an interested party fails
to object within the time allowed, a claimed exemption will exclude
the subject property from the estate even if the exemption’s value
exceeds what the Code permits. See,
e.g.,
§522(
l);
Taylor v.
Freeland & Kronz,
503 U. S. 638,
642–643 (1992).
Petitioner William G. Schwab, the trustee of
Reilly’s bankruptcy estate, did not object to Reilly’s claimed
exemptions in her business equipment because the dollar value
Reilly assigned each exemption fell within the limits that
§§522(d)(5) and (6) prescribe. App. 163a. But because an appraisal
revealed that the total market value of Reilly’s business equipment
could be as much as $17,200,[
Footnote 2] Schwab moved the Bankruptcy Court for
permission to auction the equipment so Reilly could receive the
$10,718 she claimed as exempt, and the estate could distribute the
equipment’s remaining value (approximately $6,500) to Reilly’s
creditors. App. 141a–143a.
Reilly opposed Schwab’s motion. She argued
that by equating on Schedule C the total value of the exemptions
she claimed in the equipment with the equipment’s estimated market
value, she had put Schwab and her creditors on notice that she
intended to exempt the equipment’s full value, even if that amount
turned out to be more than the dollar amount she declared, and more
than the Code allowed.
Id., at 165a. Citing
§522(
l), Reilly asserted that because her Schedule C
notified Schwab of her intent to exempt the full value of her
business equipment, he was obliged to object if he wished to
preserve the estate’s right to retain any value in the equipment in
excess of the $10,718 she estimated. Because Schwab did not object
within the time prescribed by Rule 4003(b), Reilly asserted that
the estate forfeited its claim to such value.
Id., at
165a. Reilly further informed the Bankruptcy Court that exempting
her business equipment from the estate was so important to her that
she would dismiss her bankruptcy case if doing so was the only way
to avoid the equipment’s sale at auction.[
Footnote 3]
The Bankruptcy Court denied both Schwab’s
motion to auction the equipment and Reilly’s conditional motion to
dismiss her case. See
In re Reilly, 403 B. R.
336 (Bkrtcy. Ct. MD Pa. 2006). Schwab sought relief from the
District Court, arguing that neither the Code nor Rule 4003(b)
requires a trustee to object to a claimed exemption where the
amount the debtor declares as the “value of [the debtor’s] claimed
exemption” in certain property is an amount within the limits the
Code prescribes. The District Court rejected Schwab’s argument, and
the Court of Appeals affirmed. See
In re Reilly, 534
F. 3d 173 (CA3 2008).
The Court of Appeals agreed with the
Bankruptcy Court that by equating on Schedule C the total value of
her exemptions in her business equipment with the equipment’s
market value, Reilly “indicate[d] the intent” to exempt the
equipment’s full value.
Id., at 174. In reaching this
conclusion, the Court of Appeals relied on our decision in
Taylor:
“[W]e believe this case to be controlled by
Taylor. Just as we perceive it was important to the
Taylor Court that the debtor meant to exempt the full
amount of the property by listing ‘unknown’ as both the value of
the property and the value of the exemption, it is important to us
that Reilly valued the business equipment at $10,718 and claimed an
exemption in the same amount. Such an identical listing put Schwab
on notice that Reilly intended to exempt the property fully.
. . . . .
“ ‘[A]n unstated premise’ of
Taylor was ‘that a
debtor who exempts the entire reported value of an asset is
claiming the “full amount,” whatever it turns out to be.’ ”
534 F. 3d, at 178–179.
Relying on this “unstated premise,” the Court of
Appeals held that Schwab’s failure to object to Reilly’s claimed
exemptions entitled Reilly to the equivalent of an in-kind interest
in her business equipment, even though the value of that exemption
exceeded the amount that Reilly declared on Schedule C and the
amount that the Code allowed her to withdraw from the bankruptcy
estate.
Ibid.
As noted, the Court of Appeals’ decision adds
to disagreement among the Circuits about what constitutes a claim
of exemption to which an interested party must object under
§522(
l).[
Footnote 4]
We granted certiorari to resolve this conflict. See 556 U. S. ___
(2009). We conclude that the Court of Appeals’ approach fails to
account for the text of the relevant Code provisions and
misinterprets our decision in
Taylor. Accordingly, we
reverse.
II
The starting point for our
analysis is the proper interpretation of Reilly’s Schedule C. If we
read the Schedule Reilly’s way, she claimed exemptions in her
business equipment that could exceed statutory limits, and thus
claimed exemptions to which Schwab should have objected if he
wished to enforce those limits for the benefit of the estate. If we
read Schedule C Schwab’s way, Reilly claimed valid exemptions to
which Schwab had no duty to object. The Court of Appeals construed
Schedule C Reilly’s way and interpreted her claimed exemptions as
improper, and therefore objectionable, even though their declared
value was facially within the applicable Code limits. In so doing,
the Court of Appeals held that trustees evaluating the validity of
exemptions in cases like this cannot take a debtor’s claim at face
value, and specifically cannot rely on the fact that the amount the
debtor declares as the “value of [the] claimed exemption” is within
statutory limits. Instead, the trustee’s duty to object turns on
whether the interplay of various schedule entries supports an
inference that the debtor “intended” to exempt a dollar value
different than the one she wrote on the form. 534 F. 3d, at
178. This complicated view of the trustee’s statutory obligation,
and the strained reading of Schedule C on which it rests, is
inconsistent with the Code.[
Footnote 5]
The parties agree that this case
is governed by §522(
l), which states that a Chapter 7
debtor must “file a list of property that the debtor claims as
exempt under subsection (b) of this section,” and further states
that “[u]nless a party in interest objects, the property claimed as
exempt on such list is exempt.” The parties further agree that the
“list” to which §522(
l) refers is the “list of property …
claim[ed] as exempt” currently known as “Schedule C.” See Schedule
C.[
Footnote 6] The parties,
like the Courts of Appeals, disagree about what information on
Schedule C defines the “property claimed as exempt” for purposes of
evaluating an exemption’s propriety under §522(
l). Reilly
asserts that the “property claimed as exempt” is defined by
reference to all the information on Schedule C, including the
estimated market value of each asset in which the debtor claims an
exempt interest. Schwab and the United States as
amicus
curiae argue that the Code specifically defines the “property
claimed as exempt” as an interest, the value of which may not
exceed a certain dollar amount, in a particular asset,
not
as the asset itself. Accordingly, they argue that the value of the
property claimed exempt,
i.e., the value of the debtor’s
exempt interest in the asset, should be judged on the value the
debtor assigns the interest,
not on the value the debtor
assigns the asset. The point of disagreement is best illustrated by
the relevant portion of Reilly’s Schedule C:
Schedule C–Property Claimed as Exempt
Description of
Property
Specify Law Providing Each Exemption
Value of Claimed Exemption
Current Market Value of Property Without Deducting
Exemptions
Schedule B Personal
Property
. . . .
See attached list of business equipment.
. . . .
11 U. S. C. §522(d)(6)
11 U. S. C. §522(d)(5)
. . . .
1,850
8,868
. . . .
10,718
According to Reilly, Schwab was required to treat the estimate
of market value she entered in column four as part of her claimed
exemption in identifying the “property claimed as exempt” under
§522(
l). See Brief for Respondent 22–28. Relying on this
premise, Reilly argues that where, as here, a debtor equates the
total value of her claimed exemptions in a certain asset (column
three) with her estimate of the asset’s market value (column four),
she establishes the “property claimed as exempt” as the full value
of the asset, whatever that turns out to be. See
ibid.
Accordingly, Reilly argues that her Schedule C clearly put Schwab
on notice that she “intended” to claim an exemption for the full
value of her business equipment, and that Schwab’s failure to
oppose the exemption in a timely manner placed the full value of
the equipment outside the estate’s reach
.
Schwab does not dispute that
columns three and four apprised him that Reilly equated the total
value of her claimed exemptions in the equipment ($1,850 plus
$8,868) with the equipment’s market value ($10,718). He simply
disagrees with Reilly that this “identical listing put [him] on
notice that Reilly intended to exempt the property fully,”
regardless whether its value exceeded the exemption limits the Code
prescribes. 534 F. 3d, at 178. Schwab and amicus United
States instead contend that the Code defines the “property” Reilly
claimed as exempt under §522(
l) as an “interest” whose
value cannot exceed a certain dollar amount. Brief for Petitioner
20–26; Reply Brief for Petitioner 3–6; Brief for United States as
Amicus Curiae 12–18. Construing Reilly’s Schedule C in
light of this statutory definition, they contend that Reilly’s
claimed exemption was facially unobjectionable because the
“property claimed as exempt” (
i.e., two interests in her
business equipment worth $8,868 and $1,850, respectively) is
property Reilly was clearly entitled to exclude from her estate
under the Code provisions she referenced in column 2. See
supra, at 8 (citing §§522(d)(5) and (6)). Accordingly,
Schwab and the United States conclude that Schwab had no obligation
to object to the exemption in order to preserve for the estate any
value in Reilly’s business equipment beyond the total amount
($10,718) Reilly properly claimed as exempt.
We agree. The portion of
§522(
l) that resolves this case is not, as Reilly asserts,
the provision stating that the “property claimed as exempt on
[Schedule C] is exempt” unless an interested party objects. Rather,
it is the portion of §522(
l) that defines the target of
the objection, namely, the portion that says Schwab has a duty to
object to the “list of property that the debtor claims as exempt
under subsection (b).” (Emphasis added.) That subsection,
§522(b), does
not define the “property claimed as exempt”
by reference to the estimated market value on which Reilly and the
Court of Appeals rely. Brief for Respondent 22–23; 534 F. 3d,
at 178. Section 522(b) refers only to property defined in §522(d),
which in turn lists 12 categories of property that a debtor may
claim as exempt. As we have recognized, most of these categories
(and all of the categories applicable to Reilly’s exemptions)
define the “property” a debtor may “clai[m] as exempt” as the
debtor’s “interest”—up to a specified dollar amount—in the assets
described in the category,
not as the assets themselves.
§§522(d)(5)–(6); see also §§522(d)(1)–(4), (8);
Rousey v.
Jacoway,
544 U. S. 320, 325
(2005);
Owen v.
Owen,
500 U. S. 305, 310
(1991). Viewing Reilly’s form entries in light of this definition,
we agree with Schwab and the United States that Schwab had no duty
to object to the property Reilly claimed as exempt (two interests
in her business equipment worth $1,850 and $8,868) because the
stated value of each interest, and thus of the “property claimed as
exempt,” was within the limits the Code allows.[
Footnote 7]
Reilly’s contrary view of Schwab’s obligations
under §522(
l) does not withstand scrutiny because it
defines the target of a trustee’s objection—the “property claimed
as exempt”—based on language in Schedule C and dictionary
definitions of “property,” see Brief for Respondent 24–25, 40–41,
that the definition in the Code itself overrides.[
Footnote 8] Although we may look to
dictionaries and the Bankruptcy Rules to determine the meaning of
words the Code does not define, see,
e.g.,
Rousey,
supra, at 330, the Code’s definition of
the “property claimed as exempt” in this case is clear. As noted
above, §§522(d)(5) and (6) define the “property claimed as exempt”
as an “interest” in Reilly’s business equipment,
not as
the equipment
per se. Sections 522(d)(5) and (6) further
and plainly state that claims to exempt such interests are
statutorily permissible, and thus unobjectionable, if the value of
the claimed interest is below a particular dollar amount.[
Footnote 9] That is the case here, and
Schwab was entitled to rely upon these provisions in evaluating
whether Reilly’s exemptions were objectionable under the Code. See
Lamie v.
United States Trustee,
540 U. S. 526, 534
(2004);
Hartford Underwriters Ins. Co. v.
Union
Planters Bank, N. A.,
530 U. S. 1, 6 (2000). The
Court of Appeals’ contrary holding not only fails to account for
the Code’s definition of the “property claimed as exempt.” It also
fails to account for the provisions in §522(d) that permit debtors
to exempt certain property in kind or in full regardless of value.
See,
e.g., §§522(d)(9) (professionally prescribed health
aids), (10)(C) (disability benefits), (7) (unmatured life insurance
contracts). We decline to construe Reilly’s claimed exemptions in a
manner that elides the distinction between these provisions and
provisions such as §§522(d)(5) and (6), see,
e.g.,
Duncan v.
Walker,
533 U. S. 167, 174
(2001), particularly based upon an entry on Schedule C—Reilly’s
estimate of her equipment’s market value—to which the Code does not
refer in defining the “property claimed as exempt.”[
Footnote 10]
For all of these reasons, we conclude that
Schwab was entitled to evaluate the propriety of the claimed
exemptions based on three, and only three, entries on Reilly’s
Schedule C: the description of the business equipment in which
Reilly claimed the exempt interests; the Code provisions governing
the claimed exemptions; and the amounts Reilly listed in the column
titled “value of claimed exemption.” In reaching this conclusion,
we do not render the market value estimate on Reilly’s Schedule C
superfluous. We simply confine the estimate to its proper role:
aiding the trustee in administering the estate by helping him
identify assets that may have value beyond the dollar amount the
debtor claims as exempt, or whose full value may not be available
for exemption because a portion of the interest is, for example,
encumbered by an unavoidable lien. See,
e.g., 3 W. Norton,
Bankruptcy Law and Practice §56:7 (3d ed. 2009); Brief for United
States as
Amicus Curiae 16; Dept. of Justice, Executive
Office for U. S. Trustees, Handbook for Chapter 7 Trustees, p. 8–1
(2005), http://
www.justice.gov /ust/eo/private_trustee/library/chapter07/
docs/7handbook1008/Ch7_Handbook.pdf (as visited June 14, 2010, and
available in Clerk of Court’s case file). As noted, most assets
become property of the estate upon commencement of a bankruptcy
case, see 11 U. S. C. §541, and exemptions represent the
debtor’s attempt to reclaim those assets or, more often, certain
interests in those assets, to the creditors’ detriment.
Accordingly, it is at least useful for a trustee to be able to
compare the value of the claimed exemption (which typically
represents the debtor’s interest in a particular asset) with the
asset’s estimated market value (which belongs to the estate subject
to any valid exemption) without having to consult separate
schedules.[
Footnote 11]
Our interpretation of Schwab’s statutory
obligations is not only consistent with the governing Code
provisions; it is also consistent with the historical treatment of
bankruptcy exemptions. Congress has permitted debtors to exempt
certain property from their bankruptcy estates for more than two
centuries. See Act of Apr. 4, 1800, ch. 19, §5, 2 Stat.
23.[
Footnote 12] Throughout
these periods, debtors have validly exempted property based on
forms that required the debtor to list the value of a claimed
exemption without also estimating the market value of the asset in
which the debtor claimed the exempt interest. See Brief for
Respondent 46, n. 7 (citing Sup. Ct. Bkrtcy. Form 20
(1877)).[
Footnote 13]
Indeed, it was not until 1991 that Schedule B–4 was redesignated as
Schedule C and amended to require the estimate of market value on
which Reilly so heavily relies. See Schedule C. This amendment was
not occasioned by legislative changes that altered the Code’s
definition of “the property claimed as exempt” in this case as an
“interest,” not to exceed a certain dollar amount, in Reilly’s
business equipment.[
Footnote
14] Accordingly, we agree with Schwab and the United States
that this recent amendment to the exemption form does not compel
Reilly’s view of Schwab’s statutory obligations, or render the
claimed exemptions in this case objectionable under the Code. See
Reply Brief for Petitioner 9–11; Brief for United States as
Amicus Curiae 16–17.[
Footnote 15]
III
The Court of Appeals erred in
holding that our decision in
Taylor dictates a contrary
conclusion. See 534 F. 3d, at 178.
Taylor does not
rest on what the debtor “meant” to exempt. 534 F. 3d, at 178.
Rather,
Taylor applies to the face of a debtor’s claimed
exemption the Code provisions that compel reversal here.
The debtor in
Taylor,
like the debtor here, filed a schedule of exemptions with the
Bankruptcy Court on which the debtor described the property subject
to the claimed exemption, identified the Code provision supporting
the exemption, and listed the dollar value of the exemption.
Critically, however, the debtor in
Taylor did
not, like the debtor here, state the value of the claimed
exemption as a specific dollar amount at or below the limits the
Code allows. Instead, the debtor in
Taylor listed the
value of the exemption itself as “$
unknown”:
Schedule B-4.–Property Claimed Exempt
Type of Property
Location, Description, and, So Far As Relevant to the Claim of
Exemption, Present Use of Property
Specify the Statute Creating the Exemption
Value Claimed Exempt
Proceeds from lawsuit
Winn v. TWA
Claim for lost wages
11 U. S. C. 522(b)(d)
$
unknown
The interested parties in
Taylor agreed that this entry
rendered the debtor’s claimed exemption objectionable on its face
because the exemption concerned an asset (lawsuit proceeds) that
the Code did not permit the debtor to exempt beyond a specific
dollar amount. See 503 U. S., at 642. Accordingly, although this
case and
Taylor both concern the consequences of a
trustee’s failure to object to a claimed exemption within the time
specified by Rule 4003, the question arose in
Taylor on
starkly different facts. In
Taylor, the question concerned
a trustee’s obligation to object to the debtor’s entry of a “value
claimed exempt” that was
not plainly within the limits the
Code allows. In this case, the opposite is true. The amounts Reilly
listed in the Schedule C column titled “Value of Claimed Exemption”
are facially within the limits the Code prescribes and
raise no warning flags that warranted an objection.[
Footnote 16] See
supra, at 8.
Taylor supports this conclusion. In
holding otherwise, the Court of Appeals focused on what it
described as
Taylor’s “ ‘unstated premise’ ”
that “ ‘a debtor who exempts the entire reported value of an
asset is claiming the “full amount,” whatever it turns out to
be.’ ” 534 F. 3d, at 179. But
Taylor does not
rest on this premise. It establishes and applies the
straightforward proposition that an interested party must object to
a claimed exemption if the amount the debtor lists as the “value
claimed exempt” is not within statutory limits, a test the value ($
unknown) in
Taylor failed, and the values ($8,868
and $1,850) in this case pass.
We adhere to this test. Doing otherwise would
not only depart from
Taylor and ignore the presumption
that parties act lawfully and with knowledge of the law, cf.
United States v.
Budd,
144 U. S. 154, 163
(1892); it would also require us to expand the statutory definition
of “property claimed as exempt” and the universe of information an
interested party must consider in evaluating the validity of a
claimed exemption. Even if the Code allowed such expansions, they
would be ill advised. As evidenced by the differences between
Reilly’s Schedule C and the schedule in
Taylor, preprinted
bankruptcy schedules change over time. Basing the definition of the
“property claimed as exempt,” and thus an interested party’s
obligation to object under §522(
l), on inferences that
party must draw from evolving forms, rather than on the facial
validity of the value the debtor assigns the “property claimed as
exempt” as defined by the Code, would undermine the predictability
the statute is designed to provide.[
Footnote 17] For all of these reasons, we take Reilly’s
exemptions at face value and find them unobjectionable under the
Code, so the objection deadline we enforced in
Taylor is
inapplicable here.
IV
In a final effort to defend the
Court of Appeals’ judgment, Reilly asserts that her approach to
§522(
l) is necessary to vindicate the Code’s goal of
giving debtors a fresh start, and to further its policy of
discouraging trustees and creditors from sleeping on their rights.
See Brief for Respondent 21, 55–68. Although none of Reilly’s
policy arguments can overcome the Code provisions or the aspects of
Taylor that govern this case, our decision fully accords
with all of the policies she identifies. We agree that “exemptions
in bankruptcy cases are part and parcel of the fundamental
bankruptcy concept of a ‘fresh start.’ ” Brief for Respondent
21 (quoting
Rousey, 544 U. S., at 325); see
Marrama v.
Citizens Bank of Mass.,
549 U. S. 365, 367
(2007). We disagree that this policy required Schwab to object to a
facially valid claim of exemption on pain of forfeiting his ability
to preserve for the estate any value in Reilly’s business equipment
beyond the value of the interest she declared exempt. This approach
threatens to convert a fresh start into a free pass.
As we emphasized in
Rousey, “[t]o help the debtor obtain a fresh start, the
Bankruptcy Code permits him to
withdraw from the estate
certain
interests in property, such as his car or home,
up to certain values.” 544 U. S., at 325 (emphasis added).
The Code limits exemptions in this fashion because every asset the
Code permits a debtor to withdraw from the estate is an asset that
is not available to his creditors. See §522(b)(1). Congress
balanced the difficult choices that exemption limits impose on
debtors with the economic harm that exemptions visit on creditors,
and it is not for us to alter this balance by requiring trustees to
object to claimed exemptions based on form entries beyond those
that govern an exemption’s validity under the Code. See
Lamie, 540 U. S., at 534, 538;
Hartford, 530 U.
S., at 6;
United States v.
Locke,
471 U. S. 84, 95
(1985).
Reilly nonetheless contends that our approach
creates perverse incentives for trustees and creditors to sleep on
their rights. See Brief for Respondent 64, n. 10, 67–69.
Again, we disagree. Where a debtor intends to exempt nothing more
than an interest worth a specified dollar amount in an asset that
is not subject to an unlimited or in-kind exemption under the Code,
our approach will ensure clear and efficient resolution of
competing claims to the asset’s value. If an interested party does
not object to the claimed interest by the time the Rule 4003 period
expires, title to the asset will remain with the estate pursuant to
§541, and the debtor will be guaranteed a payment in the dollar
amount of the exemption. If an interested party timely objects, the
court will rule on the objection and, if it is improper, allow the
debtor to make appropriate adjustments.[
Footnote 18]
Where, as here, it is important to the debtor
to exempt the full market value of the asset or the asset itself,
our decision will encourage the debtor to declare the value of her
claimed exemption in a manner that makes the scope of the exemption
clear, for example, by listing the exempt value as “full fair
market value (FMV)” or “100% of FMV.”[
Footnote 19] Such a declaration will encourage the
trustee to object promptly to the exemption if he wishes to
challenge it and preserve for the estate any value in the asset
beyond relevant statutory limits.[
Footnote 20] If the trustee fails to object, or if the
trustee objects and the objection is overruled, the debtor will be
entitled to exclude the full value of the asset. If the trustee
objects and the objection is sustained, the debtor will be required
either to forfeit the portion of the exemption that exceeds the
statutory allowance, or to revise other exemptions or arrangements
with her creditors to permit the exemption. See Fed. Rule Bkrtcy.
Proc. 1009(a). Either result will facilitate the expeditious and
final disposition of assets, and thus enable the debtor (and the
debtor’s creditors) to achieve a fresh start free of the finality
and clouded-title concerns Reilly describes. See Brief for
Respondent 57–59 (arguing that “[u]nder [Schwab’s] interpretation
of Rule 4003(b), a debtor would never have the certainty of knowing
whether or not he or she may keep her exempted property until the
case had ended”);
id., at 66.[
Footnote 21]
For all of these reasons, the policy
considerations Reilly cites support our approach. Where, as here, a
debtor accurately describes an asset subject to an exempt interest
and on Schedule C declares the “value of [the] claimed exemption”
as a dollar amount within the range the Code allows, interested
parties are entitled to rely upon that value as evidence of the
claim’s validity. Accordingly, we hold that Schwab was not required
to object to Reilly’s claimed exemptions in her business equipment
in order to preserve the estate’s right to retain any value in the
equipment beyond the value of the exempt interest. In reaching this
conclusion, we express no judgment on the merits of, and do not
foreclose the courts from entertaining on remand, procedural or
other measures that may allow Reilly to avoid auction of her
business equipment.
* * *
We reverse the judgment of the
Court of Appeals for the Third Circuit and remand this case for
further proceedings consistent with this opinion.
It is so ordered.
Footnote 1
The 1994 version of 11 U. S. C.
§522(d)(5) allowed debtors to exempt an “aggregate interest in any
property, not to exceed in value $800 plus up to $7,500 of any
unused amount of the [homestead or burial plot] exemption provided
under [§522(d)(1)].” In 2004, pursuant to §104(b)(2), the Judicial
Conference of the United States published notice that §522(d)(5)
would impose the $975 and $9,250 ($10,225 total) limits that
governed Reilly’s April 2005 petition. See 69 Fed. Reg. 8482
(Table). In 2007 and 2010 the limits were again increased. See 72
id., at 7082 (Table); 75
id., at 8748
(Table).
Footnote 2
Schwab concedes that the appraisal occurred
before Rule 4003(b)’s 30-day window for objecting to the claimed
exemptions had passed. See Brief for Petitioner 15.
Footnote 3
Reilly’s desire to avoid the equipment’s
auction is understandable because the equipment, which Reilly’s
parents purchased for her despite their own financial difficulties,
has “ ‘extraordinary sentimental value.’ ” Brief for
Respondent 5 (quoting App. 152a–153a). But the sentimental value of
the property cannot drive our decision in this case, because
sentimental value is not a basis for construing the Bankruptcy
Code. Because the Code imposes limits on exemptions, many debtors
who seek to take advantage of the Code are, no doubt, put to the
similarly difficult choice of parting with property of
“extraordinary sentimental value.”
Id., at 152a–>153a;
see
infra, at 19–23.
Footnote 4
Compare
In re Williams, 104 F. 3d
688, 690 (CA4 1997) (holding that interested parties have no duty
to object to a claimed exemption where the dollar amount the debtor
assigns the exemption is facially within the range the Code allows
for the type of property in issue);
In re Wick, 276
F. 3d 412 (CA8 2002) (employing reasoning similar to
Williams, but stopping short of articulating a clear
rule), with
In re Green, 31 F. 3d 1098, 1100 (CA11 1994)
(“A debtor who exempts the entire reported value of an asset is
claiming the [asset’s] ‘full amount,’ whatever it turns out to
be”);
In re Anderson, 377 B. R. 865 (Bkrtcy.
App. Panel CA6 2007) (similar); and
In re
Barroso-Herrans, 524 F. 3d 341, 344 (CA1 2008) (focusing
on “how a reasonable trustee would have understood the filings
under the circumstances”);
In re Hyman, 967 F. 2d
1316 (CA9 1992) (applying an analogous
totality-of-the-circumstances approach).
Footnote 5
The forms, rules, treatise excerpts, and
policy considerations on which the dissent relies, see
post, at 4–16, must be read in light of the Bankruptcy
Code provisions that govern this case, and must yield to those
provisions in the event of conflict.
Footnote 6
Bankruptcy Rule 4003 specifies the time
within which the debtor must file Schedule C, as well as the time
within which interested parties must object to the exemptions
claimed thereon.
Footnote 7
Schwab’s statutory duty to object to the
exemptions in this case turns solely on whether the value of the
property claimed as exempt exceeds statutory limits because the
parties agree that Schwab had no cause to object to Reilly’s
attempt to claim exemptions in the equipment at issue, or to the
applicability of the Code provisions Reilly cited in support of her
exemptions.
Footnote 8
The dissent’s approach suffers from a similar
flaw, and misstates our holding in critiquing it. See
post, at 1–2 (asserting that by refusing to subject
“challenges to the debtor’s valuation of exemptible assets” to the
“30-day” objection period in Federal Rule of Bankruptcy Procedure
4003(b), we “drastically reduc[e] Rule 4003’s governance”).
Challenges to the valuation of what the dissent terms “exemptible
assets” are not covered by Rule 4003(b) in the first place.
Post, at 1. Challenges to “property claimed as exempt” as
defined by the Code are covered by Rule 4003(b), but in this case
that property is not objectionable, so the lack of an objection did
not violate the Rule. Our holding is confined to this point.
Accordingly, our holding does not “reduc[e] Rule 4003’s
governance,” nor does it express any judgment on what constrains
objections to the type of “market value” estimates,
post,
at 1, the dissent equates with the dollar value a debtor assigns
the “property claimed as exempt” as defined by the Code, see,
e.g.,
post, at 2, 6.
Footnote 9
Treating such claims as unobjectionable is
consistent with our precedents. See,
e.g.,
Rousey, 544 U. S., at 325. It also accords with bankruptcy
court decisions holding that where, as here, a debtor claims an
exemption pursuant to provisions that (like §522(d)(6)) permit the
debtor to exclude from the estate only an “interest” in certain
property, the “property” that becomes exempt absent objection,
§522(
l), is only the “partial interest” claimed as exempt
and not “the asset as a whole,”
e.g.,
In re
Soost, 262 B. R. 68, 72 (Bkrtcy. App. Panel CA8
2001).
Footnote 10
The dissent’s approach does not avoid these
concerns. The dissent insists that “a debtor’s market valuation [of
the equipment in which she claims an exempt interest] is an
essential factor in determining the nature of the ‘interest’ [the]
debtor lists as exempt” (and thus in determining whether the
claimed exemption is objectionable), because “without comparing
[the debtor’s] market valuation of the equipment to the value of
her claimed exemption” the trustee “could not comprehend whether
[the debtor] claimed a monetary or an in-kind ‘interest’ in [the]
equipment.”
Post, at 9, n. 9. This argument overlooks
the fact that there is another way the trustee could discern from
the “face of the debtor’s filings,”
post, at 7, n. 6,
whether the debtor claimed as exempt a “monetary or an in-kind
‘interest’ in” her equipment,
post, at 9, n. 9: The
trustee could simply consult the Code provisions the debtor listed
as governing the exemption in question. Here, those provisions,
§§522(d)(5) and (d)(6), expressly describe the exempt interest as
an “interest” “not to exceed” a specified dollar amount.
Accordingly, it was entirely appropriate for Schwab to view
Reilly’s schedule entries as exempting an interest in her business
equipment in the (declared and unobjectionable) amounts of $1,850
and $8,868. Viewing the entries otherwise,
i.e., as
exempting the equipment in kind or in full no matter what its
dollar value, would unnecessarily treat the exemption as violating
the limits imposed by the Code provisions that govern it, as well
as ignore the distinction between those provisions and the
provisions that “authoriz[e] reclamation of the property in full
without any cap on value,”
post, at 7, n. 5. And it
would do all of this based on information (identical dollar amounts
in columns three and four of Schedule C) that Schwab and one of his
amici say often result from a default setting in
commercial bankruptcy software. See Reply Brief for Petitioner 15;
Brief for Nat. Assn. of Bankruptcy Trustees 13, n. 15.
Footnote 11
The dissent’s argument that the estimate
plays a greater role, and is “vital,”
post, at 8, to
determining whether the value a debtor assigns the “property
claimed as exempt” (here, an interest in certain business
equipment) is objectionable, see
post, at 8–9, lacks
statutory support because the governing Code provisions phrase the
exemption limit as a simple dollar amount. The dissent’s view, see
post, at 7–>9, might be plausible if the Code stated
that the debtor could exempt an interest in her equipment “not to
exceed” a certain
percentage of the equipment’s market
value, because then it might be necessary to “compar[e] [the
debtor’s] market valuation of the equipment to the value of her
claimed exemption” to determine the exemption’s propriety.
Post, at 9, n. 9. But the Code does not phrase the
exemption cap in such terms. Moreover, even accepting that the
equivalent Schedule C entries the dissent relies upon represent a
claim to exempt an asset’s full value, the dissent does not explain
why this equivalence precludes a trustee from relying on the dollar
amount the debtor expressly assigns both entries. According to the
dissent, a trustee faced with such entries should assume not only
that the debtor reclaims from the estate what she believes to be
the full value of an asset in which the Code allows her to exempt
an interest “not to exceed” a certain dollar amount,
e.g.,
§522(d)(6), but
also that the debtor would continue to
claim the asset’s full value as exempt even if that value exceeds
her estimate to a point that would cause her claim to violate the
Code. The schedule entries themselves do not compel this
assumption, and the Code provisions they invoke undercut it. The
evidence that the debtor in this case would have chosen that course
is external to her exemption schedule. See,
e.g.,
supra, at 4 (citing statements in Reilly’s motion to
dismiss);
post, at 4, n. 3, 6 (same). And in the
ordinary case, particularly if the equivalent entries the dissent
relies upon result from a software default, see n. 10,
supra, there is no reason to assume that a debtor would
want to violate the Code or jeopardize other exemptions if her
market value estimate turns out to be wrong.
Footnote 12
See also Act of Aug. 19, 1841, ch. 9, §3, 5
Stat. 442; Act of Mar. 2, 1867, ch. 176, §11, 14 Stat. 521,
amended by Act of June 22, 1874, 18 Stat., Pt. 3, p. 182;
Bankruptcy Act of July 1, 1898, ch. 541, §6, 30 Stat. 548, 11 U.
S. C. §24 (1926 ed.); Chandler Act, ch. 575, §1, 52 Stat. 847,
11 U. S. C. §24 (1934 ed., Supp. IV); §522 (1976 ed., Supp.
II); §522 (2000 ed. and Supp. V).
Footnote 13
See also General Forms in Bankruptcy,
Official Form 1, Schedule B. (5) (1898); Fed. Rule Bkrtcy.
Proc. Official Form 6, Schedule B–4 (1971).
Footnote 14
The precise reason for the amendment is
unclear. See Communication from The Chief Justice of the United
States Transmitting Amendments to the Federal Rules of Bankruptcy
Procedure Prescribed by the Court, Pursuant to 28 U. S. C.
2075, H. R. Doc. 102–80, p. 558, reprinted in 11
Bankruptcy Rules Documentary History (1990–1991) (referencing only
the fact of the amendment). It may have been to consolidate and
reconcile the separate forms debtors were previously required to
file in Chapter 7 and Chapter 13 cases, see,
e.g., In
re Beshirs, 236 B. R. 42, 46–47 (Bkrtcy. Ct. Kan. 1999),
or simply to make it easier for trustees to evaluate whether
certain assets were viable candidates for liquidation. Whatever the
case, it did not result from statutory changes to the Code
provisions that govern this dispute.
Footnote 15
Because the Code provisions we rely upon to
resolve this case do not obligate trustees to object under Rule
4003(b) to a debtor’s estimate of the market value of an asset in
which the debtor claims an exempt interest, our analysis does not
depend on whether the schedule of “property claimed as exempt”
(currently Schedule C) calls for such an estimate or not. We engage
the point only because Reilly suggests that the 1991 schedule
revisions requiring debtors to provide such an estimate on the
schedule of “property claimed as exempt” means that the estimate
must be viewed as part of the exemption and is therefore subject to
the Rule. See Brief for Respondent 40–41. The dissent ranges far
beyond even this unavailing argument in suggesting that the market
value estimate served as “an essential factor in determining the
nature of the ‘interest’ a debtor lists as exempt,”
post,
at 9, n. 9, even before 1991 when that estimate did
not appear on the schedule of “property claimed as exempt”
(former Schedule B–>4), but rather appeared on former “Schedule
B–2,”
post, at 7, n. 6, which merely listed the
debtor’s “personal property” as of the date of the petition filing.
Interim Fed. Rule Bkrtcy. Proc. Official Form 6, Schedules B–2, B–4
(1979).
Footnote 16
See,
e.g.,
Barroso-Herrans,
524 F. 3d, at 345 (explaining that Schedule C entries listing
the value of a claimed exemption as “unknown,” “to be determined,”
or “100%” are “ ‘red flags to trustees and creditors,’ and
therefore put them on notice that if they do not object, the whole
value of the asset—whatever it might later turn out to be—will be
exempt” (quoting 1 Collier on Bankruptcy ¶8.06[1][c][ii] (15th ed.
rev. 2007); citation and some internal quotation marks omitted)).
The dissent concedes that a debtor’s exemption schedule “must give
notice sufficient to cue the trustee that an objection may be in
order,” and rightly observes that the sufficiency of a particular
cue, or “ ‘ warning flag,’ ” may lie “in the eye of
the beholder.”
Post, at 14. In this case, however, the
Code itself breaks the tie between what might otherwise be two
equally tenable views.
Footnote 17
Reilly insists that our conclusion should
nonetheless be avoided because “procedures that burden the debtor’s
exemption entitlements, like those that impair a debtor’s discharge
generally, are to be construed narrowly.” Brief for Respondent 33
(citing
Kawaauhau v.
Geiger,
523 U. S. 57, 62 (1998)).
This argument misses the mark for two reasons. First, the only
burdens our conclusion imposes are burdens the Code itself
prescribes, specifically, the burdens the Code places on debtors to
state their claimed exemptions accurately and to conform such
claims to statutory limits. Second, and in any event,
Geiger and the other cases Reilly cites emphasize in the
discharge context the importance of limiting exceptions to
discharge to “those plainly expressed,” a principle that supports
our approach here.
Ibid. (internal quotation marks
omitted).
Footnote 18
We disagree that Reilly’s approach to
exemptions would more efficiently dispose of competing claims to
the asset. On Reilly’s view, a trustee would be encouraged (if not
obliged) to object to claims to exempt a specific dollar amount of
interest in an asset whenever the value of the exempt interest
equaled the debtor’s estimate of the asset’s market value. Where
the debtor genuinely intended to claim nothing more than the face
value of the exempt interest (which is rational if a debtor wishes
to ensure that his aggregate exemptions remain within statutory
limits), such an approach would engender needless objections and
litigation, particularly if the equation that would precipitate the
objection often results from a default software entry. See Reply
Brief for Petitioner 15; Brief for Nat. Assn. of Bankruptcy
Trustees 13, n. 15.
Footnote 19
The dissent’s observations about the poor fit
between our admonition and a form entry calling for a dollar
amount, see
post, at 15, simply reflect the tension
between the Code’s definition of “property claimed as exempt”
(
i.e., an interest, not to exceed a certain dollar amount,
in Reilly’s business equipment) and Reilly’s attempt to
convert into a dollar value an improper claim to exempt the
equipment itself, “ ‘whatever [its value] turns out to be.’ ”
In re Reilly, 534 F. 3d 173, 178–179 (CA3 2008). As the
dissent concedes, “[s]ection 522(d) catalogs exemptions of two
types.”
Post, at 7, n. 5. “Most exemptions—and all of
those Reilly invoked—place a monetary limit on the value of the
property the debtor may reclaim,” and such exemptions are distinct
from those made pursuant to Code provisions that “authoriz[e]
reclamation of the property in full without any cap on value.”
Ibid. Nothing about Reilly’s Schedule entries establishes
that Schwab should have treated Reilly’s claim for $10,718, an
unobjectionable amount under the Code provisions she expressly
invoked, as an objectionable claim for thousands of dollars more
than those provisions allow, or as a claim for an uncapped
exemption under Code provisions she did not invoke and the dissent
admits are “not at issue here.”
Ibid.
Footnote 20
A trustee will not always file an objection.
As the United States observes, Schwab did not do so in this case
with respect to certain assets (perishable foodstuffs from Reilly’s
commercial kitchen) that could not be readily sold. See Brief for
United States as
Amicus Curiae 28, n. 7 (explaining
that Schwab could have objected to Reilly’s claim of a wildcard
exemption for an interest in the food totaling $2,036 because this
claim, combined with her wildcard claims for an interest of $8,868
in her business equipment and interests totaling $26 in her bank
accounts, placed the total value of the interests she claimed
exempt under the wildcard provision $975 above then-applicable
limits).
Footnote 21
Reilly’s clouded-title argument arises only
if one accepts her flawed conception of the exemptions in this
case. According to Reilly, “once the thirty-day deadline passed
without objection” to her claim, she was “entitled to know that she
would emerge from bankruptcy with her cooking equipment intact.”
Brief for Respondent 57. There are two problems with this argument.
First, it assumes that the property she claimed as exempt was the
full value of the equipment. That assumption is incorrect for the
reasons we explain. Second, her argument assumes that a claim to
exempt the full value of the equipment would, if unopposed, entitle
her to the equipment itself as opposed to a payment equal to the
equipment’s full value. That assumption is at least questionable.
Section 541 is clear that title to the equipment passed to Reilly’s
estate at the commencement of her case, and §§522(d)(5) and (6) are
equally clear that her reclamation right is limited to exempting an
interest in the equipment, not the equipment itself. Accordingly,
it is far from obvious that the Code would “entitle” Reilly to
clear title in the equipment even if she claimed as exempt a “full”
or “100%” interest in it (which she did not). Of course, it is
likely that a trustee who fails to object to such a claim would
have little incentive to do anything but pass title in the asset to
the debtor. But that does not establish the statutory entitlement
Reilly claims.
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