In Re Biancavilla

173 B.R. 930, 1994 Bankr. LEXIS 2042, 1994 WL 592088
CourtUnited States Bankruptcy Court, D. Idaho
DecidedAugust 3, 1994
Docket19-40047
StatusPublished
Cited by4 cases

This text of 173 B.R. 930 (In Re Biancavilla) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Biancavilla, 173 B.R. 930, 1994 Bankr. LEXIS 2042, 1994 WL 592088 (Idaho 1994).

Opinion

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Bankruptcy Judge.

Presently before the Court is the trustee’s objection to chapter 7 debtors Perry Lee and Kathryn Eileen Bianeavilla’s claim of exemptions.

The trustee objects to the following property which the debtors have claimed as exempt under Idaho Code § ll-605(l)(a):

*932 Computer Desk: $ 25.00
Computer 1 $250.00
Entertainment Cabinet $300.00
Stereo System $100.00
Television $150.00
Sega and Nintendo games $ 75.00 VCR 2 $140.00
Toys and Sporting Goods $ 50.00 Bowling Balls $ 25.00
Television 3 $ 75.00
Computer System $400.00
Golf Clubs $100.00
Utility Cart $ 25.00
Fishing Equipment $ 25.00
Camping Equipment $ 50.00
Patio Furniture $ 40.00
Software $100.00
Camera $ 25.00
Browning Shotgun 4 $ 90.00
Cash Value of Life Insurance Policies.

I.

ITEMS BELONGING TO THIRD PARTIES

At the hearing, Mr. Biancavilla testified that the toys and nintendo games were purchased by the debtors for the use of their nine year old son Alex. As such these items are not part of the estate. Therefore, although these items are exempt, neither are the subject to liquidation by the trustee.

II.

HOUSEHOLD FURNISHINGS

Idaho Code § 11 — 605(l)(a) provides in part:

An individual is entitled to exemption of the following property to the extent of a value not exceeding five hundred dollars ($500) on any one (1) item of property and not to exceed a total value of four thousand dollars ($4,000) per household for all items exempted under this subsection:
(a) furnishings and appliances reasonably necessary for one (1) household, including one (1) firearm;
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Idaho Code § ll-605(l)(a) (emphasis added).

Idaho Code § ll-605(l)(a) does not allow debtors to exempt any “furnishings and appliances.” Rather, only those furnishings and appliances which are “reasonably necessary” may be shielded from creditors.

The phrase “reasonable necessary” must necessarily be left to judicial interpretation based on the facts in each case as there is a lack of specific guidance from the Code. Although exemptions are to be construed liberally, the legislative intent is not to torture the language by giving it a very liberal interpretation, but to give the debt- or an opportunity for a “fresh start” without doing so at the expense of a particular creditor or creditors. This Court will not enlarge the language found in the exemption statute by exempting all household furnishings, but will make a factual determination that the exempt property is reasonable and necessary within the contemplation of the legislative intent.

In re Hulse, 89 I.B.C.R. 87, 88-89 (Bankr.D.Idaho 1989) (J. Lodge).

Whether a particular item is reasonably necessary depends in part upon local custom and usage which may change over time. For example in 1989, the Idaho Bankruptcy Court held that a VCR and a stereo were “luxury items” and not exempt under Idaho Code § ll-605(l)(a). In re Hulse, 89 I.B.C.R. at 89. In 1991 the Idaho Bankruptcy Court determined that the use of VCRs in local homes had become so prevalent that they were now exempt under Idaho Code § ll-605(l)(a). In re Akerman, 91 I.B.C.R. 26, 27 (Bankr.D.Idaho 1991) (J. Pappas).

VCRs, televisions and stereos are now so prevalent in local households they are “reasonably necessary.” However, the debtors have claimed not one but three televisions. In addition the debtors have claimed two VCRs. More than one TV or VCR should not be “reasonably necessary” to furnish a household. The debtors may claim *933 one TV and one VCR. The debtors will not be allowed to exempt any additional TVs, VCRs, or stereos entertainment units.

The exemption of the utility, patio furniture and entertainment cabinet will be allowed.

However, the sporting goods, bowling balls, golf clubs, fishing equipment, camping equipment and the Sega and camera are all recreational items. Recreational equipment is not “reasonably necessary” for the debtors’ household, and is therefore not exempt. See In re Hulse, 89 I.B.C.R. at 89. In addition such items are not “household furnishings or appliances.”

The computer and computer system are also luxury items as compared to reasonably necessary household items. Therefore, the debtors’ claim of exemptions as to the computer, the computer system and the software will be denied as to Idaho Code § ll-605(l)(a). The computer desk is presumably serviceable as an ordinary desk and therefore the debtors’ claim of the computer desk will be allowed.

III.

TOOLS OF THE TRADE

The debtors also seek to exempt the computer and the computer system under Idaho Code § 11-605(3):

An individual is entitled to exemption, not exceeding one thousand dollars ($1,000) in aggregate value, of implements, professional books, and tools of the trade ...

Idaho Code § 11-605(3).

Mr. Biancavilla presently works for Hewlett-Packard as a packaging engineer. Although there has been no showing that Hewlett Packard requires Mr. Biancavilla to own or use a home computer, Hewlett Packard has provided Mr.

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Related

In re Moore
349 B.R. 44 (D. Idaho, 2005)
In Re Hoffpauir
258 B.R. 447 (D. Idaho, 2001)
In Re Mason
254 B.R. 764 (D. Idaho, 2000)
In Re Andrews
225 B.R. 485 (D. Idaho, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
173 B.R. 930, 1994 Bankr. LEXIS 2042, 1994 WL 592088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-biancavilla-idb-1994.