Lowell W. Lehman, Jr. v. Visionspan, Inc., 205 F.3d 1255 (11th Cir. 2000). · Go Syfert
Lowell W. Lehman, Jr. v. Visionspan, Inc., 205 F.3d 1255 (11th Cir. 2000). Cases Citing This Book View Copy Cite
74 citation events (71 in the last 25 years) across 27 distinct courts.
Strongest positive: James Edward Hines v. Scottsboro Investment Group LLC (ca11, 2020-01-27)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
examined Cited as authority (rule) James Edward Hines v. Scottsboro Investment Group LLC (4×) also: Cited "see"
11th Cir. · 2020 · confidence medium
In Lehman, this Court considered a motion to avoid a judicial lien made by movant Lowell Lehman under Section 522 of the Bankruptcy Code, 11 U.S.C. § 522 . 205 F.3d at 1256.
discussed Cited as authority (rule) In re Steinke
Bankr.D. Colo. · 2014 · confidence medium
Miller, 299 F.3d at 186 (“In our view, the correct approach is to view the debtor as owning one half of the property to which one half of the mortgage debt is thus attributable and therefore to regard “property” in subsection (ii) to mean the debtor’s interest in the property and then to allocate the lien among the interests in the property proportionately.”); Lehman, 205 F.3d at 1257-58 (“[T]he [bankruptcy] court was simply substituting, in the statutory formula, the to tal value of the home ... in place of Lehman’s interest in the home in the absence of any liens....
discussed Cited as authority (rule) All Points Capital Corp. v. Meyer (In Re Meyer) (2×)
9th Cir. BAP · 2007 · confidence medium
Miller, 299 F.3d at *91 187 ("absurd"); Lehman, 205 F.3d at 1257 ("absurd"); Nelson, 192 F.3d at 35 ("outcome at odds with the purpose of Congress").
discussed Cited as authority (rule) In Re: Gary M. Miller, Debtor Gary M. Miller v. Okmi Sul A/K/A Okmi Garner Ronda J. Winnecour, Esq., Trustee (2×) also: Cited "see"
3rd Cir. · 2002 · confidence medium
In reaching our result we are in agreement with the Court of Appeals for the Eleventh *187 Circuit which in Lehman explained that the similar result that it was reaching there was correct because “a literal interpretation [of section 522(f)(2)(A)] would disserve the legislative intent behind the provision” and “would produce an absurd result and would violate the Congressional intent.” Lehman, 205 F.3d at 1257-58.
discussed Cited as authority (rule) Miller v. Sul (2×) also: Cited "see"
3rd Cir. · 2002 · confidence medium
In reaching our result we are in agreement with the Court of Appeals for the Eleventh Circuit which in Lehman explained that the similar result that it was reaching there was correct because "a literal interpretation [of section 522(f)(2)(A)] would disserve the legislative intent behind the provision" and "would produce an absurd result and would violate the Congressional intent." Lehman, 205 F.3d at 1257-58.
examined Cited as authority (rule) In Re Freeman (3×) also: Cited "see, e.g."
Bankr. D.S.C. · 2001 · confidence medium
Although these courts agree that the interpretation of a statute begins with its language, they rely on principles of statutory construction which allows courts to “look beyond the plain language of a statute if applying the plain language would produce an absurd result.” In re Lehman, 205 F.3d at 1255-56.
cited Cited "see" Stratton C. Pollitzer v. Guy G. Gebhardt
11th Cir. · 2017 · signal: see · confidence high
See In re Lehman, 205 F.3d 1255 , 1255-56 (11th Cir. 2000); see also Durr v. Shinseki, 638 F.3d 1342, 1349 (11th Cir. 2011).
cited Cited "see" Maury Rosenberg v. DVI Receivables XIV, LLC
11th Cir. · 2016 · signal: see · confidence high
See In re Lehman, 205 F.3d 1255 , 1255-56 (11th Cir.2000).
discussed Cited "see" Moldo v. Charnock (In Re Charnock) (2×)
9th Cir. BAP · 2004 · signal: see · confidence high
See Lehman, 205 F.3d at 1256; Kolich, 328 F.3d at 409 .
discussed Cited "see" In Re Woods
Bankr. N.D. Ill. · 2004 · signal: accord · confidence high
“Courts are not required to follow literal language where it would produce an outcome at odds with the purpose of Congress and where the result stems merely from an unintended quirk in drafting.” Nelson v. Seala, 192 F.3d 32, 35 (1st Cir.1999) (rejecting literal application of § 522(f)(2) of the Bankruptcy Code); accord Lehman *530 v. VisionSpan, Inc. (In re Lehman), 205 F.3d 1255 , 1257 (11th Cir.2000).
discussed Cited "see" In Re Northern
Bankr. E.D. Tenn. · 2003 · signal: see · confidence high
See Lehman v. VisionSpan, Inc. (In re Lehman), 205 F.3d 1255 (11th Cir.2000) (court used debtor’s equity instead of market value in § 522(f)(2) formula in scenario involving a non-filing spouse); Nelson v. Scala, 192 F.3d 32 (1st Cir.1999) (allowing for partial avoidance of a judicial lien); In re Ware, 274 B.R. 206 (Bankr.D.S.C.2001) (also applying the equity approach in Lehman); Dolan v. DAN Joint Venture (In re Dolan), 230 B.R. 642 (Bankr.D.Conn.1999) (when there are multiple judicial liens, priority under state law denotes which lien is most junior and first subject to avoidance).
discussed Cited "see" Dean Allen Kolich v. Antioch Laurel Vet.
8th Cir. · 2003 · signal: accord · confidence high
As the First Circuit said after concluding that the formula literally applied would produce an unintended measure of lien avoidance, “[c]ourts are not required to follow literal language where it would produce an outcome at odds with the purpose of Congress and where the result stems merely from an unintended quirk in drafting.” Nelson v. Scala, 192 F.3d 32, 35 (1st Cir. 1999); accord In re Lehman, 205 F.3d 1255 (11th Cir. 2000); In re Ware 274 B.R. 206 (Bankr.
discussed Cited "see" In Re: Dean Allen Kolich Michelle Rene Kolich, Debtors. Dean Allen Kolich Michelle Rene Kolich v. Antioch Laurel Veterinary Hospital
8th Cir. · 2003 · signal: accord · confidence high
As the First Circuit said after concluding that the formula literally applied would produce an unintended measure of lien avoidance, “[cjourts are not required to follow literal language where it would produce an outcome at odds with the purpose of Congress and where the result stems merely from an unintended quirk in drafting.” Nelson v. Scala, 192 F.3d 32, 35 (1st Cir.1999); accord In re Lehman, 205 F.3d 1255 (11th Cir.2000); In re Ware 274 B.R. 206 (Bankr.D.S.C.2001).
cited Cited "see" In Re Radcliffe
Bankr. W.D. Ky. · 2002 · signal: see · confidence high
See In re Lehman, 205 F.3d 1255 (11th Cir.2000); Nelson v. Scala, 192 F.3d 32 (1st Cir.1999); In re Ware, 274 B.R. 206 (Bankr.D.S.C.2001); and In re Dolan, 230 B.R. 642 (Bankr.D.Conn.1999).
cited Cited "see" In re Brinley
Bankr. W.D. Ky. · 2002 · signal: see · confidence high
See In re Lehman, 205 F.3d 1255 (11th Cir.2000); Nelson v. Scala, 192 F.3d 32 (1st Cir.1999); In re Ware, 274 B.R. 206 (Bankr.D.S.C.2001); and In re Dolan, 230 B.R. 642 (Bankr.D.Conn.1999).
examined Cited "see" In Re Ware (3×)
Bankr. D.S.C. · 2001 · signal: see · confidence high
See Lehman v. VisionSpan, Inc. (In re Lehman), 205 F.3d 1255 , 1257 (11th Cir.2000); Nelson v. Scala, 192 F.3d 32, 33, 36 (1st Cir.1999).
cited Cited "see" Cannon v. Cannon
S.D. Fla. · 2000 · signal: see · confidence high
See generally In re Lehman, 205 F.3d 1255 , 1256-58 (11th Cir.2000) (declining to read § 522(f)(2) literally because it would lead to an absurd result).
discussed Cited "see, e.g." Amrik S Pabla and Dalwinder Kaur Pabla
Bankr. D. Mass. · 2021 · signal: see also · confidence medium
Mass. Oct. 17, 2011); see also Lehman, 205 F.3d at 1256-58 (affirming bankruptcy court’s similar Brantz-based “common sense approach” to avoid “produc[ing] an absurd result” under statutory formula’s literal application, which would have provided “a windfall” to debtor in terms of preserving debtor’s equity and, in turn, would have “violate[d] the Congressional intent”).
discussed Cited "see, e.g." William F. Sandoval Irrevocable Trust v. Taylor (In Re Taylor)
10th Cir. · 2018 · signal: see, e.g. · confidence medium
See, e.g. , Lehman , 205 F.3d at 1258 (stating that the minority interpretation "would produce an absurd result and would violate the Congressional intent").
cited Cited "see, e.g." In Re Heaney
Bankr. E.D.N.Y. · 2011 · signal: see, e.g. · confidence low
See, e.g., Lehman v. VisionSpan, Inc. (In re Lehman), 205 F.3d 1255 (11th Cir.2000); 11 U.S.C. § 522 (f)(2)(A).
cited Cited "see, e.g." In Re Fox
Bankr. D. Conn. · 2006 · signal: see also · confidence medium
See also Lehman, 205 F.3d at 1257. 14 This court adopts the Miller proration approach as more consistent with the language of Section 522(f)(2)(A).
discussed Cited "see, e.g." Yates Development v. Old Kings Interchange
11th Cir. · 2001 · signal: see also · confidence low
Steel Prod., Inc.), 197 F.3d 1354, 1356 (11th Cir. 1999); Burns v. United States (In re Burns), 887 F.2d 1541, 1545 (11th Cir. 1989); see also Lehman v. VisionSpan, Inc. (In re Lehman), 205 F.3d 1255 , 1255-56 (11th Cir. 2000) (noting plain meaning rule in bankruptcy case but applying absurd exception).
discussed Cited "see, e.g." Yates Development, Inc. v. Old Kings Interchange, Inc.
11th Cir. · 2001 · signal: see also · confidence low
Steel Prod., Inc.), 197 F.3d 1354, 1356 (11th Cir.1999); Burns v. United States (In re Burns), 887 F.2d 1541, 1545 (11th Cir.1989); see also Lehman v. VisionSpan, Inc. (In re Lehman), 205 F.3d 1255 , 1255-56 (11th Cir.2000) (noting plain meaning rule in bankruptcy case but applying absurd exception).
Retrieving the full opinion text from the archive…
In Re Lowell W. LEHMAN, Jr., Debtor. Lowell W. Lehman, Jr., Plaintiff-Appellant,
v.
VisionSpan, Inc., Defendant-Appellee
99-12545.
Court of Appeals for the Eleventh Circuit.
Feb 18, 2000.
205 F.3d 1255
J. Michael Lamberth, Lamberth, Bonap-fel, Cifelli & Wilson, Atlanta, GA, for Plaintiff-Appellant., Charles E. Buker, III, Perrie, Buker, Stagg & Jones, P.C., Atlanta, GA, for Defendant-Appellee.
Cox, Wilson, Roney.
Published
PER CURIAM:

In this bankruptcy case, appellant debt- or Lowell Lehman sought complete avoidance of a judicial lien on his home in the amount of $53,878.19 held by appellee Vi-sionSpan, Inc. The bankruptcy judge, affirmed by the district court, held that only part of the lien could be avoided and that $24,688 [1] of that lien could not be avoided. We affirm.

This case involves interpretation of the Bankruptcy Code. Although the precise terms of the applicable provision would call for avoidance of the entire lien, the bankruptcy court reasoned that such a reading would produce an absurd result and departed from those precise terms. See In re Lehman, 223 B.R. 32, 34-35 (Bankr.N.D.Ga.1998). We have held this to be a legitimate approach to statutory interpretation. Although statutory interpretation begins with the language of the statute itself, see In re Southeast Banking Corp., 156 F.3d 1114, 1120 (11th Cir.1998),[*1256] a court may look beyond the plain language of a statute if applying the plain language would produce an absurd result, see Hughey v. JMS Dev. Corp., 78 F.3d 1523, 1529 (11th Cir.1996). There was no error in the decision that a literal application of the language of the statute would violate Congressional intent and would produce an absurd result.

Briefly, these are the undisputed facts. On November 13, 1997, Lowell Lehman filed a case under Chapter 7 of the Bankruptcy Code. At the time of the filing, VisionSpan had a judgment lien against Lehman’s property in the amount of $53,-878.19. Lehman and his wife, as tenants in common, owned a home in Atlanta, Georgia valued at $225,000. Lehman’s wife is not in bankruptcy and is not a debtor of VisionSpan. Lehman had only an undivided fifty-percent interest in the home. NationsBank held a first-priority mortgage on the entire interest in the home in the amount of $165,000.

Section 522 of the Bankruptcy Code, 11 U.S.C. § 522, sets out a statutory scheme permitting a debtor in bankruptcy to exempt certain property from his or her bankruptcy estate. For property to qualify for an exemption, it must first be part of the bankruptcy estate. If the debtor has mortgaged his or her property, the debtor has retained only an equitable interest in the property. Absent a provision providing otherwise, only that equitable interest would be property of the estate and eligible for an exemption.

Section 522(f), however, provides a special mechanism for the debtor to “avoid” certain liens on property, thereby bringing the whole property within the bankruptcy estate and potentially qualifying it for an exemption. See generally Owen v. Owen, 500 U.S. 305, 308-09, 111 S.Ct. 1833, 114 L.Ed.2d 350 (1991). To accomplish this purpose, § 522(f) provides, in basic part, that a debtor may “avoid” a hen to the extent it “impairs” an exemption. This amount is calculated as follows:

(2)(A) For the purposes of this subsection, a lien shall be considered to impair an exemption to the extent that the sum of—
(i) the lien;
(ii) all other hens on the property; and
(iii) the amount of the exemption that the debtor could claim if there were no hens on the property;
exceeds the value that the debtor’s interest in the property would have in the absence of any hens.

§ 522(f)(2)(A).

In this case, under the express language of the statute, the following calculation would be made:

• Add (i) $53,878.19 (the amount of the VisionSpan judgment lien); (ii) $165,-000 (the amount of the mortgage held by NationsBank); and (iii) $5,312 (the amount of the exemption claimed by Lehman). The total of these figures is $224,190.19.
• The value of Lehman’s “interest in the property ... in the absence of any hens” is $112,500.
•$224,190.19 “exceeds” $112,500 by $111,690.

Therefore, VisionSpan’s lien would be “considered to impair” Lehman’s exemption by $111,690 and Lehman could avoid it to that extent, which would permit Lehman to avoid- all of VisionSpan’s hen of $53,878.19.

This would be the consequence of applying the precise terms of the statute: Lehman, as shown above, would avoid all of VisionSpan’s hen. Lehman, however, would still have equity in the property of $30,000 (derived by subtracting the $165,-000 amount of the NationsBank mortgage from the $225,000 property value and dividing by two, to account for Lehman’s one-half ownership of the property). In effect, Lehman would shield his entire equity of $30,000 from VisionSpan’s hen of $53,878.19, even though Lehman was entitled to a debtor’s exemption of only $5,312.00.

[*1257] Concluding this result would provide Lehman a windfall and would be “absurd,” the bankruptcy court took the following common sense approach:

The value of the entire property is $225,000.00. Deducting the mortgage, $165,000.00, leaves $60,000.00 equity in the property, not accounting for Vision-Span’s lien. The Debtor’s half-interest in the property is therefore worth $30,-000.00. After deducting the debtor’s exemption, $5,312.00, there is remaining in the property $24,688.00. [VisionSpan’s] lien is in the amount of $53,879.00, which clearly impairs the Debtor’s exemption. [VisionSpan] is, however, entitled to retain its lien on the unencumbered, nonexempt portion of the Debtor’s property, in the amount of $24,688.00.

In effect, the court was simply substituting, in the statutory formula, the total value of the home ($225,000) in place of Lehman’s interest in the home in the absence of any liens ($112,500). The same outcome would also be produced by substituting the value of the NationsBank mortgage attributable to Lehman’s share of the property ($82,500), in place of the value of the mortgage on the whole property ($165,000).

Although a literal reading of the text of § 522(f)(2)(A) would support Lehman’s position, there is clear evidence that a literal interpretation would disserve the legislative intent behind the provision.

The legislative history demonstrates that in .1978, when Congress adopted the power of avoidance in § 522(f), its intention was only to entitle the debtor to the debtor’s exemptions provided by § 522. As explained by the House Judiciary Committee in connection with the adoption of § 522(f):

[T]he bill gives the debtor certain rights not available under current law with respect to exempt property. The debtor may void any judicial lien on exempt property, ... [which] allows the debtor to undo the actions of creditors that bring legal action against the debtor shortly before bankruptcy. Bankruptcy exists to provide relief for an overburdened debtor. If a creditor beats the debtor into court, the debtor is nevertheless entitled to his exemptions.

H.R.Rep. No. 95-595, at 126-27 (1977), reprinted in 1978 U.S.C.C.A.N. 5963, 6087-88. The Senate Judiciary Committee report supports this interpretation of the purpose of § 522(f), stating that § 522(f) “gives the debtor the ability to exempt property that the trustee recovers under one of the trustee’s avoiding powers if the property was involuntarily transferred away from the debtor (such as by the fixing of a judicial lien)....” S.Rep. No. 95-989, at 76 (1977), reprinted in 1978 U.S.C.C.A.N. 5787, 5862.

Additional evidence is found in the legislative history to the 1994 amendments, which adopted the § 522(f)(2)(A) formula. The House Judiciary Committee report states that the formula in § 522(f)(2)(A) was “based upon” In re Brantz, 106 B.R. 62 (Bankr.E.D.Pa.1989). H.R.Rep. No. 103-835, at 52 (1994), reprinted in 1994 U.S.C.C.A.N. 3340, 3361. The formula used by the court in Brantz based its calculation on the value of the “property”—as opposed to the value of the “debt- or’s interest in the property,” as appears in § 522(f)(2)(A). See Brantz, 106 B.R. at 68. So, too, the bankruptcy court in this case calculated lien avoidance using the value of the whole property, not the value of the debtor’s interest in the property. Because the bankruptcy court essentially employed the Brantz formula, upon which § 522(f)(2)(A) was “based,” we are further persuaded that the deviation from the literal language of § 522(f)(2)(A) was consistent with the legislative intent.

The decision to depart from the statutory language accords with the recent decision of the First Circuit in a comparable case, Nelson v. Scala, 192 F.3d 32 (1st Cir.1999). But see In re Cozad, 208 B.R. 495 (10th Cir. BAP 1997) (applying literal language of § 522(f)(2)(A) in similar scenario).

[*1258] There was no error in declining to follow a literal application of the language of § 522(f)(2)(A) which would produce an absurd result and would violate the Congressional intent.

AFFIRMED.

1

. The bankruptcy court made a minor arithmetical error in the amount of $10. We have corrected the bankruptcy court’s figures in this opinion.