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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-571
- --------
- ROBERT J. TAYLOR, TRUSTEE, PETITIONER v.
- FREELAND & KRONZ, WENDELL G.
- FREELAND and RICHARD
- F. KRONZ
- on writ of certiorari to the united states court of
- appeals for the third circuit
- [April 21, 1992]
-
- Justice Thomas delivered the opinion of the Court.
- Section 522(l) of the Bankruptcy Code requires a debtor
- to file a list of the property that the debtor claims as
- statutorily exempt from distribution to creditors. Bank-
- ruptcy Rule 4003 affords creditors and the bankruptcy
- trustee 30 days to object to claimed exemptions. We must
- decide in this case whether the trustee may contest the
- validity of an exemption after the 30-day period if the
- debtor had no colorable basis for claiming the exemption.
-
- I
- The debtor in this case, Emily Davis, declared bankruptcy
- while she was pursuing an employment discrimination
- claim in the state courts. The relevant proceedings began
- in 1978 when Davis filed a complaint with the Pittsburgh
- Commission on Human Relations. Davis alleged that her
- employer, Trans World Airlines (TWA), had denied her
- promotions on the basis of her race and sex. The Commis-
- sion held for Davis as to liability but did not calculate the
- damages owed by TWA. The Pennsylvania Court of
- Common Pleas reversed the Commission, but the Pennsyl-
- vania Commonwealth Court reversed that court and re-
- instated the Commission's determination of liability. TWA
- next appealed to the Pennsylvania Supreme Court.
- In October 1984, while that appeal was pending, Davis
- filed a Chapter 7 bankruptcy petition. Petitioner, Robert J.
- Taylor, became the trustee of Davis' bankruptcy estate.
- Respondents, Wendell G. Freeland, Richard F. Kronz, and
- their law firm, represented Davis in the discrimination suit.
- On a schedule filed with the Bankruptcy Court, Davis
- claimed as exempt property the money that she expected to
- win in her discrimination suit against TWA. She described
- this property as ``Proceeds from lawsuit - [Davis] v. TWA''
- and ``Claim for lost wages'' and listed its value as ``un-
- known.'' App. 18.
- Performing his duty as a trustee, Taylor held the required
- initial meeting of creditors in January 1985. See 11 U.S.C.
- 341; Bkrtcy. Rule 2003(a). At this meeting, respondents
- told Taylor that they estimated that Davis might win
- $90,000 in her suit against TWA. Several days after the
- meeting, Taylor wrote a letter to respondents telling them
- that he considered the potential proceeds of the lawsuit to
- be property of Davis' bankruptcy estate. He also asked
- respondents for more details about the suit. Respondents
- described the procedural posture of the case and expressed
- optimism that they might settle with TWA for $110,000.
- Taylor decided not to object to the claimed exemption.
- The record reveals that Taylor doubted that the lawsuit had
- any value. Taylor at one point explained: ``I have had past
- experience in examining debtors . . . . [M]any of them . . .
- indicate they have potential lawsuits. . . . [M]any of them
- do not turn out to be advantageous and . . . many of them
- might wind up settling far within the exemption limitation.''
- App. 52. Taylor also said that he thought Davis' discrimi-
- nation claim against TWA might be a ``nullity.'' Id., at 58.
- Taylor proved mistaken. In October 1986, the Pennsylva-
- nia Supreme Court affirmed the Commonwealth Court's
- determination that TWA had discriminated against Davis.
- In a subsequent settlement of the issue of damages, TWA
- agreed to pay Davis a total of $110,000. TWA paid part of
- this amount by issuing a check made to both Davis and
- respondents for $71,000. Davis apparently signed this
- check over to respondents in payment of their fees. TWA
- paid the remainder of the $110,000 by other means. Upon
- learning of the settlement, Taylor filed a complaint against
- respondents in the Bankruptcy Court. He demanded that
- respondents turn over the money that they had received
- from Davis because he considered it property of Davis'
- bankruptcy estate. Respondents argued that they could
- keep the fees because Davis had claimed the proceeds of the
- lawsuit as exempt.
- The Bankruptcy Court sided with Taylor. It concluded
- that Davis had ``no statutory basis'' for claiming the pro-
- ceeds of the lawsuit as exempt and ordered respondents to
- ``return'' approximately $23,000 to Taylor, a sum sufficient
- to pay off all of Davis' unpaid creditors. In re Davis, 105 B.
- R. 288 (WD Pa. 1989). The District Court affirmed, In re
- Davis, 118 B. R. 272 (WD Pa. 1990), but the Court of
- Appeals for the Third Circuit reversed, 938 F. 2d 420
- (1991). The Court of Appeals held that the Bankruptcy
- Court could not require respondents to turn over the money
- because Davis had claimed it as exempt, and Taylor had
- failed to object to the claimed exemption in a timely
- manner. We granted certiorari, 502 U. S. -- (1991), and
- now affirm.
- II
- When a debtor files a bankruptcy petition, all of his
- property becomes property of a bankruptcy estate. See 11
- U. S. C. 541. The Code, however, allows the debtor to
- prevent the distribution of certain property by claiming it
- as exempt. Section 522(b) allowed Davis to choose the
- exemptions afforded by state law or the federal exemptions
- listed in 522(d). Section 522(l) states the procedure for
- claiming exemptions and objecting to claimed exemptions as
- follows:
- ``The debtor shall file a list of property that the debtor
- claims as exempt under subsection (b) of this sec-
- tion. . . . Unless a party in interest objects, the property
- claimed as exempt on such list is exempt.''
- Although 522(l) itself does not specify the time for object-
- ing to a claimed exemption, Bankruptcy Rule 4003(b) pro-
- vides in part:
- ``The trustee or any creditor may file objections to the
- list of property claimed as exempt within 30 days after
- the conclusion of the meeting of creditors held pursuant
- to Rule 2003(a) . . . unless, within such period, further
- time is granted by the court.''
- In this case, as noted, Davis claimed the proceeds from
- her employment discrimination lawsuit as exempt by listing
- them in the schedule that she filed under 522(l). The
- parties agree that Davis did not have a right to exempt
- more than a small portion of these proceeds either under
- state law or under the federal exemptions specified in
- 522(d). Davis in fact claimed the full amount as exempt.
- Taylor, as a result, apparently could have made a valid
- objection under 522(l) and Rule 4003 if he had acted
- promptly. We hold, however, that his failure to do so
- prevents him from challenging the validity of the exemption
- now.
- A
- Taylor acknowledges that Rule 4003(b) establishes a 30-
- day period for objecting to exemptions and that 522(l)
- states that ``[u]nless a party in interest objects, the property
- claimed as exempt . . . is exempt.'' He argues, nonetheless,
- that his failure to object does not preclude him from
- challenging the exemption at this time. In Taylor's view,
- 522(l) and Rule 4003(b) serve only to narrow judicial
- inquiry into the validity of an exemption after 30 days, not
- to preclude judicial inquiry altogether. In particular, he
- maintains that courts may invalidate a claimed exemption
- after expiration of the 30-day period if the debtor did not
- have a good-faith or reasonably disputable basis for claim-
- ing it. In this case, Taylor asserts, Davis did not have a
- colorable basis for claiming all of the lawsuit proceeds as
- exempt and thus lacked good faith.
- Taylor justifies his interpretation of 522(l) by arguing
- that requiring debtors to file claims in good faith will
- discourage them from claiming meritless exemptions merely
- in hopes that no one will object. Taylor does not stand
- alone in this reading of 522(b). Several Courts of Appeals
- have adopted the same position upon similar reasoning.
- See In re Peterson, 920 F. 2d 1389, 1393-1394 (CA8 1990);
- In re Dembs, 757 F. 2d 777, 780 (CA6 1985); In re Sherk,
- 918 F. 2d 1170, 1174 (CA5 1990).
- We reject Taylor's argument. Davis claimed the lawsuit
- proceeds as exempt on a list filed with the Bankruptcy
- Court. Section 522(l), to repeat, says that ``[u]nless a party
- in interest objects, the property claimed as exempt on such
- list is exempt.'' Rule 4003(b) gives the trustee and creditors
- 30 days from the initial creditors' meeting to object. By
- negative implication, the Rule indicates that creditors may
- not object after 30 days ``unless, within such period, further
- time is granted by the court.'' The Bankruptcy Court did
- not extend the 30-day period. Section 522(l) therefore has
- made the property exempt. Taylor cannot contest the
- exemption at this time whether or not Davis had a colorable
- statutory basis for claiming it.
- Deadlines may lead to unwelcome results, but they
- prompt parties to act and they produce finality. In this
- case, despite what respondents repeatedly told him, Taylor
- did not object to the claimed exemption. If Taylor did not
- know the value of the potential proceeds of the lawsuit, he
- could have sought a hearing on the issue, see Rule 4003(c),
- or he could have asked the Bankruptcy Court for an
- extension of time to object, see Rule 4003(b). Having done
- neither, Taylor cannot now seek to deprive Davis and
- respondents of the exemption.
- Taylor suggests that our holding will create improper
- incentives. He asserts that it will lead debtors to claim
- property exempt on the chance that the trustee and
- creditors, for whatever reason, will fail to object to the
- claimed exemption on time. He asserts that only a require-
- ment of good faith can prevent what the Eighth Circuit has
- termed ``exemption by declaration.'' Peterson, 920 F. 2d, at
- 1393. This concern, however, does not cause us to alter our
- interpretation of 522(l).
- Debtors and their attorneys face penalties under various
- provisions for engaging in improper conduct in bankruptcy
- proceedings. See, e.g., 11 U. S. C. 727(a)(4)(B) (authoriz-
- ing denial of discharge for presenting fraudulent claims);
- Rule 1008 (requiring filings to ``be verified or contain an
- unsworn declaration'' of truthfulness under penalty of
- perjury); Rule 9011 (authorizing sanctions for signing
- certain documents not ``well grounded in fact and . . . war-
- ranted by existing law or a good faith argument for the
- extension, modification, or reversal of existing law''); 18
- U. S. C. 152 (imposing criminal penalties for fraud in
- bankruptcy cases). These provisions may limit bad-faith
- claims of exemptions by debtors. To the extent that they do
- not, Congress may enact comparable provisions to address
- the difficulties that Taylor predicts will follow our decision.
- We have no authority to limit the application of 522(l) to
- exemptions claimed in good faith.
-
- B
- Taylor also asserts that courts may consider the validity
- of the exemption under a different provision of the Bank-
- ruptcy Code, 11 U. S. C. 105(a), despite his failure to
- object in a timely manner. That provision states:
- ``The court may issue any order, process, or judgment
- that is necessary or appropriate to carry out the
- provisions of this title. No provision of this title
- providing for the raising of an issue by a party in
- interest shall be construed to preclude the court from,
- sua sponte, taking any action or making any determina-
- tion necessary or appropriate to enforce or implement
- court orders or rules, or to prevent an abuse or process.''
- 105(a) (emphasis added).
- Although Taylor stresses that he is not asserting that
- courts in bankruptcy have broad authorization to do equity
- in derogation of the code and rules, he maintains that 105
- permits courts to disallow exemptions not claimed in good
- faith. Several courts have accepted this position. See, e. g.,
- Ragsdale v. Genesco, Inc., 674 F. 2d 277, 278 (CA4 1982); In
- re Staniforth, 116 B. R. 127, 131 (WD Wis. 1990); In re
- Budinsky, No. 90-01099, 1991 WL 105640 (WD Pa. June
- 10, 1991).
- We decline to consider 105(a) in this case because
- Taylor raised the argument for the first time in his opening
- brief on the merits. Our Rule 14.1(a) makes clear that
- ``[o]nly the questions set forth in the petition [for certiorari],
- or fairly included therein, will be considered by the Court,''
- and our Rule 24.1(a) states that a brief on the merits
- should not ``raise additional questions or change the
- substance of the questions already presented'' in the
- petition. See Yee v. Escondido, 503 U. S. --, -- (1992).
- In addition, we have said that ``[o]rdinarily, this Court does
- not decide questions not raised or resolved in the lower
- court[s].'' Youakim v. Miller, 425 U. S. 231, 234 (1976) (per
- curiam). These principles help to maintain the integrity of
- the process of certiorari. Cf. Oklahoma City v. Tuttle, 471
- U. S. 808, 816 (1985). The Court decides which questions
- to consider through well-established procedures; allowing
- the able counsel who argue before us to alter these ques-
- tions or to devise additional questions at the last minute
- would thwart this system. We see no ``unusual circum-
- stances'' that warrant addressing Taylor's 105(a) argu-
- ment at this time. Berkemer v. McCarty, 468 U. S. 420,
- 443, n. 38 (1984).
-
- The judgment of the Court of Appeals is
- Affirmed.
-