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601 B.R. 514
Bankr. C.D. Ill.
2019
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Background

  • Debtor Jennifer Brown, an at-will, non-union employee of Caterpillar, participated in Caterpillar's Short-Term Incentive Plan (STIP) under which annual bonuses are paid; STIP documents expressly make awards discretionary and revocable until actually paid.
  • Parties stipulated the STIP bonus is discretionary and that no employee has a right to a bonus until the money is deposited.
  • Debtor filed Chapter 7 on August 17, 2018 (62.7% through the calendar year); Trustee sought turnover of 62.7% of the 2018 STIP bonus as property of the estate.
  • Trustee argued the bonus was sufficiently rooted in the prepetition past to be estate property; Debtor argued any prepetition roots did not create a prepetition property interest under Illinois law.
  • The court considered whether the debtor had a legal or equitable interest in the bonus under 11 U.S.C. § 541(a)(1) as of the petition date, applying state-law principles to determine the existence of any property interest.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether all or part of an anticipated STIP bonus payable postpetition is property of the bankruptcy estate under §541(a)(1) Trustee: bonus has sufficient prepetition roots (62.7%) and thus should be estate property Debtor: bonus is discretionary under STIP and thus only an expectancy, not a prepetition property interest Court: Denied — no portion of the bonus is estate property because under Illinois law debtor had only an expectancy on petition date

Key Cases Cited

  • Segal v. Rochelle, 382 U.S. 375 (1966) (articulated the "sufficiently rooted in the pre-bankruptcy past" test for property characterization under the Bankruptcy Act)
  • Butner v. United States, 440 U.S. 48 (1979) (state law determines nature and extent of property interests for bankruptcy purposes)
  • United States v. Whiting Pools, Inc., 462 U.S. 198 (1983) (estate succeeds to no greater rights than debtor held on petition date)
  • In re Burgess, 438 F.3d 493 (5th Cir. 2006) (rejected Segal's "sufficiently rooted" as a standalone federal test where no prepetition legal interest under state law existed)
  • In re Meyers, 616 F.3d 626 (7th Cir. 2010) (addressed allocation methods for tax refunds and questioned sufficiency of the "sufficiently rooted" test)
  • In re Carlson, 263 F.3d 748 (7th Cir. 2001) (prepetition contingent fee rights treated as estate property only to extent enforceable under state law on petition date)
  • In re Yonikus, 996 F.2d 866 (7th Cir. 1993) (contingencies do not necessarily defeat estate claim when rights were created prepetition)
  • Duldulao v. Saint Mary of Nazareth Hosp. Ctr., 115 Ill.2d 482 (1987) (employee handbook can create enforceable contractual rights absent disclaimers)
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Case Details

Case Name: In re Brown
Court Name: United States Bankruptcy Court, C.D. Illinois
Date Published: May 9, 2019
Citations: 601 B.R. 514; Case No. 18-81242
Docket Number: Case No. 18-81242
Court Abbreviation: Bankr. C.D. Ill.
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