Biondo v. Gold, Lange, Majoros & Smalarz, No. 22-1666 (6th Cir. 2023)
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Gold was the trustee of Biondo’s Chapter 7 bankruptcy estate. Before the bankruptcy filing, Biondo experienced an automobile accident. Biondo sought exemptions for that claim totaling $35,648.74, to prevent that sum from being distributed to her creditors. The statutory maximum exemption for “payment[s]” received “on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss,” 11 U.S.C. 522(d)(11)(D) was then $23,675. Gold did not object to the exemptions and retained the Ratton law firm, which sued Biondo’s insurer, Progressive, and the other driver, Peterson. Progressive settled its case for $48,500 to cover Biondo’s medical expenses, attorney’s fees, “lost wages,” and all “other forms of economic or non-economic loss.” Peterson's $70,000.settlement covered “pain and suffering.”
Gold opposed Biondo's motion to compel Gold to release $23,675. The parties settled. Gold’s law firm sought $2,880 in fees for its work opposing the motion. Biondo objected. The bankruptcy court awarded the fees. The district court dismissed her appeal. The Sixth Circuit affirmed. The fees compensated the attorneys for services reasonably likely to benefit Biondo’s bankruptcy estate, 11 U.S.C. 330(a)(1)(A). The Peterson settlement was outside section 522(d)(11)(D)'s exemption as covering pain and suffering; the Progressive settlement was also open to attack because it covered Biondo’s medical bills, her attorney’s fees, and lost wages. Gold did not act unreasonably in asking whether 522(d)(11)(D) covered Biondo’s settlements.
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