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540 B.R. 347
Bankr. N.D. Ill.
2015
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Background

  • Debtor Faye Pantazelos filed Chapter 13 on March 13, 2015; original Schedule F listed unsecured debt (later amended) and included an FDIC claim from the closure of New Century Bank labeled "unknown," disputed and unliquidated.
  • Trustee moved to dismiss under 11 U.S.C. § 109(e) arguing Debtor’s noncontingent, liquidated unsecured debt exceeded the statutory limit ($383,175); FDIC’s complaint in separate litigation alleged >$33 million in damages and named Debtor among defendants.
  • FDIC sued in 2013 on theories of negligence, breach of fiduciary duty, and gross negligence arising from prepetition loans (2005–2008); litigation was in discovery and no proof of claim was filed by FDIC in the bankruptcy.
  • Debtor amended schedules twice, reducing total listed unsecured debt to $291,561.11; Trustee relied on FDIC’s pleaded total damages to assert ineligibility.
  • Court framed the central legal question as whether the FDIC claim is "contingent" and/or "liquidated" for purposes of the § 109(e) debt cap as of the petition date.

Issues

Issue Plaintiff's Argument (Trustee) Defendant's Argument (Pantazelos) Held
Whether FDIC claim is contingent Debt should be included because FDIC’s claimed damages show liability exceeding limit Claim is contingent (disputed/unliquidated) so should be excluded from §109(e) tally Not contingent — events giving rise to liability occurred prepetition; claim is noncontingent
Whether FDIC claim is liquidated Trustee treated FDIC’s pleaded total as effectively determinative of debt amount Claim is unliquidated because amount is not readily ascertainable from complaint or agreement Unliquidated — damages depend on extensive factfinding and allocation among multiple defendants
Whether to consider litigation pleadings / proofs of claim Trustee relied on FDIC complaint’s $33M figure to support dismissal Debtor noted no proof of claim filed and complained that complaint does not fix Debtor’s share Court may look beyond schedules but here complaint does not establish an ascertainable liquidated amount and no proof of claim was filed
Overall eligibility under §109(e) Case should be dismissed as debts exceed statutory cap when FDIC amount is included Debtor remains under the statutory unsecured-debt limit without a liquidated FDIC claim and is eligible Debtor eligible for Chapter 13; Trustee’s motion denied

Key Cases Cited

  • Stern v. Marshall, 131 S. Ct. 2594 (U.S. 2011) (on constitutional authority of bankruptcy judges to decide core bankruptcy matters)
  • Knight v. Commissioner (In re Knight), 55 F.3d 231 (7th Cir. 1995) (contingency and liquidated/unliquidated distinctions for eligibility)
  • Mazzeo v. United States, 131 F.3d 295 (2d Cir. 1997) (definition of liquidated claim and ascertainability)
  • United States v. Verdunn (In re Verdunn), 89 F.3d 799 (11th Cir. 1996) (liquidation assessment where value depends on future factfinding)
  • Barcal v. Laughlin (In re Barcal), 213 B.R. 1008 (8th Cir. BAP 1997) (reliance on schedules and proofs of claim for §109(e) determinations)
Read the full case

Case Details

Case Name: In re Pantazelos
Court Name: United States Bankruptcy Court, N.D. Illinois
Date Published: Oct 29, 2015
Citations: 540 B.R. 347; 2015 WL 6579041; 2015 Bankr. LEXIS 3714; Bankruptcy No. 15-bk-8916
Docket Number: Bankruptcy No. 15-bk-8916
Court Abbreviation: Bankr. N.D. Ill.
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