Law v. Siegel
Opinion
Summary
No. 12-5196
January 13, 2014, Argued. March 4, 2014, Decided
Petitioner Law filed for Chapter 7 bankruptcy. He valued his California
home at $363,348, claiming that $75,000 of that value was covered by
California's homestead exemption and thus was exempt from the bankruptcy
estate. See 11 U. S. C. § 522(b)(3)(A). He also claimed
that the sum of two voluntary liens--one of which was in favor of “Lin's
Mortgage & Associates”--exceeded the home's nonexempt value, leaving
no equity recoverable for his other creditors. Respondent Siegel, the
bankruptcy estate trustee, challenged the “Lin” lien in an adversary
proceeding, but protracted and expensive litigation ensued when a
supposed “Lili Lin” in China claimed to be the beneficiary of Law's deed
of trust. Ultimately, the Bankruptcy Court concluded that the loan was a
fiction created by Law to preserve his equity in the house. It thus
granted Siegel's motion to “surcharge” Law's $75,000 homestead
exemption, making those funds available to defray attorney's fees
incurred by Siegel in overcoming Law's fraudulent misrepresentations.
The Ninth Circuit Bankruptcy Appellate Panel and the Ninth Circuit
affirmed.
Held: The Bankruptcy Court exceeded the limits of its authority
when it ordered that the $75,000 protected by Law's homestead exemption
be made available to pay Siegel's attorney's fees. Pp. ___ - ___, 188 L.
Ed. 2d, at 152-157.
(a) A bankruptcy court may not exercise its authority to “carry out” the
provisions of the Code, 11 U. S. C. § 105(a), or its
“inherent power . . . to sanction 'abusive litigation practices,' ”
Marrama v. Citizens Bank of Mass.,
549 U. S. 365, 375-376, 127 S. Ct. 1105,
166 L. Ed. 2d 956, by taking action prohibited elsewhere
in the Code. Here, the Bankruptcy Court's “surcharge” contravened
§ 522, which (by reference to California law) entitled
Law to exempt $75,000 of equity in his home from the bankruptcy estate,
§ 522(b)(3)(A), and which made that $75,000 “not liable
for payment of any administrative expense,” §522(k),
including attorney's fees, see § 503(b)(2). The surcharge thus exceeded
the limits of both the court's authority under
§ 105(a)
and its inherent powers. Pp. ___ - ___, 188 L. Ed. 2d, at 152-154.
Matthew S. Hellman argued the cause for petitioner.
Neal Katyal argued the cause for respondent.
Neal Katyal argued the cause for respondent.
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(1)
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(a) "Amusement device" means a game that:
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(i) is activated by a coin, token, or other object of
consideration or value; and
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(ii) does not provide the opportunity to:
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(A) enter into a sweepstakes, lottery, or other gambling
event; or
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(B) receive any form of consideration or value, except an
appropriate reward.
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(b) "Amusement device" includes:
- (i) a video game;
- (ii) a driving simulator;
- (iii) an electronic game;
- (iv) a claw machine;
- (v) a bowling game;
- (vi) a shuffleboard game;
- (vii) a skee-ball game;
- (viii) a pool table;
- (ix) a pinball machine;
- (x) a target machine; and
- (xi) a baseball machine.
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(2) "Amusement facility" means a facility that:
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(a) is operated primarily for the purpose of providing amusement
or entertainment to customers;
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(b) is located on property that is open to customers for the
purpose of providing customers with an opportunity to use an
amusement device;
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(c) receives a substantial amount of the facility's revenue from
the operation of amusement devices; and
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(d) does not provide an opportunity for, or a machine or device
that enables, gambling or fringe gambling.
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(3)
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(a) "Appropriate reward" means a reward that:
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(i) an individual receives as a result of the individual's
participation in or use of an amusement device; and
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(ii) provides:
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(A) full and adequate return for money, a token, or other
consideration or value invested intothe amusement device;
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(B) an immediate and unrecorded ability to replay a game
featured on an amusement devicethat is not exchangeable
for value;
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(C) a toy, novelty, or other non-monetary prize with a
value of less than $100 as a reward forplaying; or
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(D) tickets or credits that are redeemable for a toy,
novelty, or non-monetary prize at anamusement facility, or
at any franchise or chain of the amusement facility, where
theamusement device is located.
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(b) "Appropriate reward" does not include money, a gift
certificate, a gift card, credit to be used ina retail store, or
other form of monetary compensation or reward.
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(4) "Consumer" means the same as that term is defined in Section
76-10-1230.
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(5) "Enter or entry" means an act or process by which an individual
becomes eligible to receive aprize offered for participation in any
form of sweepstakes, game, or contest.
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(6)
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(a) "Fringe gambling" means any de facto form of gambling,
lottery, fringe gaming device, orvideo gaming device that is
given, conducted, or offered for use or sale by a business
inexchange for anything of value or incident to the purchase of
another good or service.
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(b) "Fringe gambling" does not include:
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(i) a promotional activity that is clearly ancillary to the
primary activity of a business; or
- (ii) use of an amusement device or vending machine.
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(7)
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(a) "Fringe gaming device" means a mechanically, electrically, or
electronically operated machineor device that:
- (i) is not an amusement device or a vending machine;
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(ii) is capable of displaying or otherwise presenting
information on a screen or through anyother mechanism; and
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(iii) provides the user with a card, token, credit, gift
certificate, product, or opportunity toparticipate in a
contest, game, gaming scheme, or sweepstakes with a potential
return ofmoney or other prize.
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(b) "Fringe gaming device" includes a machine or device similar to
a machine or devicedescribed in Subsection (7) (a) that seeks to
avoid application or circumvent this part or ArticleVI, Section
27, of the Utah Constitution.
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(8)
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(a) "Gambling" means risking anything of value for a return or
risking anything of value upon theoutcome of a contest, game,
gaming scheme, or gaming device when the return or outcome:
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(i) is based on an element of chance, regardless of:
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(A) the existence of a preview or pre-reveal feature in
the device, contest, or game; or
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(B) whether the preview or pre-reveal feature described in
Subsection (8)(a)(i)(A) allows usersto see individual or
successive outcomes; and
- (b) "Gambling" includes a lottery.
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(c) "Gambling" does not include:
- (i) a lawful business transaction; or
- (ii) use of an amusement device.
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(9) "Gambling bet" means money, checks, credit, or any other
representation of value.
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(10) "Gambling device or record" means anything specifically designed
for use in gambling orfringe gambling or used primarily for gambling
or fringe gambling.
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(11) "Gambling proceeds" means anything of value used in gambling or
fringe gambling.
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(12) "Internet gambling" or "online gambling" means gambling, fringe
gambling, or gaming by useof:
- (a) the Internet; or
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(b) any mobile electronic device that allows access to data and
information.
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(13) "Internet service provider" means a person engaged in the
business of providing Internetaccess service, with the intent of
making a profit, to consumers in Utah.
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(14) "Lottery" means any scheme for the disposal or distribution of
property by chance amongpersons who have paid or promised to pay any
valuable consideration for the chance ofobtaining property, or portion
of it, or for any share or any interest in property, upon
anyagreement, understanding, or expectation that it is to be
distributed or disposed of by lot orchance, whether called a lottery,
raffle, or gift enterprise, or by whatever name it is known.
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(15) "Prize" means a gift, award, gratuity, good, service, credit, or
anything else of value that maybe or is transferred to an individual
or placed on an account or other record with the intent to
betransferred to an individual.
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(16) "Promotional activity that is clearly ancillary to the primary
activity of a business" means apromotional activity that:
- (a) continues for a limited period of time;
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(b) is related to a good or service ordinarily provided by a
business or the marketing oradvertisement of a good or service
ordinarily provided by the business;
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(c) does not require a person to purchase a good or service from
the business in considerationfor participation or an advantage in
the promotional activity or any other contest, game,gaming scheme,
sweepstakes, or promotional activity;
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(d) promotes a good or service described in Subsection (16)(b) on
terms that are commerciallyreasonable; and
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(e) does not, through use of a machine or device:
- (i) simulate a gambling environment;
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(ii) require the purchase of something of value to participate
in the promotional activity that isnot regularly used,
purchased, or redeemed by users of the machine or device;
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(iii) provide a good or service described in Subsection
(16)(b):
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(A) in a manner in which the person acquiring the good or
service is unable to immediatelyacquire, redeem, or
otherwise use the good or service after the time of
purchase; or
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(B) at a value less than the full value of the good or
service;
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(iv) appear or operate in a manner similar to a machine or
device that is normally found in acasino for the purpose of
gambling;
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(v) provide an entertaining display, designed to appeal to an
individual's senses, that promotesactual or simulated game
play that is similar in appearance or function to
gambling,including:
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(A) a video playing card game, including a video poker
game;
- (B) a video bingo game;
- (C) a video craps game;
- (D) a video keno game;
- (E) a video lotto game;
- (F) an 8-liner machine;
- (G) a Pot O' Gold game;
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(H) a video game involving a random or chance matching of
pictures, words, numbers, orsymbols; or
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(I) a video game that reveals a prize as the game is
played; or
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(vi) otherwise create a pretextual transaction to facilitate a
contest, game, gaming scheme, orsweepstakes in an attempt to
circumvent the requirements of this part or Article VI,
Section27, of the Utah Constitution.
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(17) "Skill-based game" means a game, played on a machine or device,
the outcome of which isbased, in whole or in part, on the skill of the
player, regardless of whether a degree of chance isinvolved.
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(18) "Sweepstakes" means a game, advertising scheme, marketing scheme,
or other promotion:
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(a) that an individual may enter with or without payment of any
consideration;
- (b) that qualifies the person to win a prize; and
- (c) the result of which is based on chance.
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(19) "Vending machine" means a device:
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(a) that dispenses merchandise in exchange for money or any other
item of value;
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(b) that provides full and adequate return of the value deposited;
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(c) through which the return of value is not conditioned on an
element of chance or skill; and
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(d)
- (i) does not include a promotional activity; or
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(ii) includes a promotional activity that is clearly ancillary
to the primary activity of a business.
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(20) "Video gaming device" means a device that includes all of the
following:
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(a) a video display and computer mechanism for playing a game;
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(b) the length of play of any single game is not substantially
affected by the skill, knowledge, ordexterity of the player;
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(c) a meter, tracking, or recording mechanism that records or
tracks any money, tokens, games,or credits accumulated or
remaining;
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(d) a play option that permits a player to spend or risk varying
amounts of money, tokens, orcredits during a single game, in which
the spending or risking of a greater amount of money,tokens, or
credits:
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(i) does not significantly extend the length of play time of
any single game; and
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(ii) provides for a chance of greater return of credits,
games, or money; and
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(e) an operating mechanism that, in order to function, requires
inserting money, tokens, or othervaluable consideration other than
entering the user's name, birthdate, or contact information.
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