In re Moore

349 B.R. 44, 2005 Bankr. LEXIS 3005, 2005 WL 4705260
CourtUnited States Bankruptcy Court, D. Idaho
DecidedJune 30, 2005
DocketNo. 05-40085
StatusPublished
Cited by2 cases

This text of 349 B.R. 44 (In re Moore) 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 Moore, 349 B.R. 44, 2005 Bankr. LEXIS 3005, 2005 WL 4705260 (Idaho 2005).

Opinion

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Background

The Chapter 7 Trustee, R. Sam Hopkins, filed an objection to Debtor Gary Moore’s claim of exemption as to his woodworking tools as “tools of the trade” under Idaho Code § 11-605(3). Docket No. 15. The crux of Trustee’s argument is that Debtor, a former self-employed furniture maker, no longer works in that trade. Debtor responded by arguing that he had been a woodworker for thirty years, and his current job selling windows is temporary, so he should be allowed to exempt his tools. Docket No. 16. The Court conducted a hearing on May 23, 2005, at which the parties appeared and presented evidence and testimony. Docket No. 20. At the conclusion of the hearing, the Court took the issues under advisement. Minutes, Docket No. 20.1

Facts

Debtor supported his family for over thirty years by designing and making furniture for a living. During his career, Debtor accumulated a variety of tools that he used to create the pieces he sold.2 Debtor rented shop space in which to work. Although he earned only a modest annual income of, at most, $24,000, see Response to Question No. 1, Statement of Financial Affairs, Docket No. 11, Debtor enjoyed his work.

Unfortunately, Debtor injured his shoulders in 2003. As a result, his business suffered financially and he fell behind on his shop rent in 2004. To overcome those problems, Debtor accepted a position as a window salesman at Glass Masters in October 2004. Debtor continued to build furniture in his shop, working nights and weekends, until his landlord evicted him in [46]*46December 2004 because he could not pay the rent. Without shop space, Debtor put his tools in storage and discontinued his furniture business. He filed for relief under Chapter 7 of the Bankruptcy Code on January 24, 2005.

Debtor continues to work at Glass Masters and currently earns over $50,000 per year, more than he ever earned as a self-employed carpenter. Schedule I, Docket No. 11. But Debtor testified he derives little enjoyment from his job selling windows and desires to return to carpentry. Although he has not done so yet, Debtor hopes to find another shop to rent and to rebuild his furniture business. His plan is to keep his job at Glass Masters and work nights and weekends until his carpentry business is again profitable enough to support him.3 At that point, he says he will leave his job at Glass Masters.

However, there are complications surrounding Debtor’s plan to return to carpentry. He underwent rotator cuff surgery on both shoulders on February 22, 2005, and although he reports that he is feeling better, Debtor’s physician has not released him to return to carpentry work. Debtor may be required to undergo physical therapy before he can regain full function in his shoulders. And although Debt- or feels there will be a high demand for his skills, he currently has no firm commitments from prospective clients.

Disposition

Idaho has “opted-out” of the federal bankruptcy exemptions, and its citizens are limited to the exemptions allowed under state law. 11 U.S.C. § 522(b); Idaho Code § 11-609. While exemption statutes are to be liberally construed in favor of the debtor, In re Duman, 00.3 I.B.C.R 137, 137 (Bankr.D.Idaho 2000), the statutory language may not be “tortured” in the guise of liberal construction. In re Collins, 97.3 I.B.C.R. 78, 79 (Bankr.D.Idaho 1997). As the objecting party, Trustee bears the burden of proving the claimed exemption is not proper. Fed. R. Bankr.P. 4003(c)

In Idaho, an individual may claim an exemption “not exceeding one thousand five hundred dollars ($1,500) in aggregate value, of implements, professional books, and tools of the trade.... ” Idaho Code § 11-605(3). Debtor argues that his carpentry tools should be exempt as tools of his trade, even though he was working, quite successfully, as a window salesman on the date he filed for bankruptcy. He asserts that his present job is merely temporary, while his work as a carpenter is a lifelong occupation to which he intends to return as soon as he is physically and financially able. Trustee’s position is that because Debtor currently earns a substantial income, more than he ever did as a carpenter, Debtor’s plan to return to carpentry is unrealistic and not necessary for Debtor’s continued financial support.

Prior decisions of this Court support Trustee’s position that one of the primary components in analyzing whether a debtor is entitled to exempt tools of the trade is whether the debtor truly needs those tools for the debtor’s financial support. For example, in In re Fancher, 94 I.B.C.R. 39, 39 (Bankr.D.Idaho 1994), the Court explained that while the exemption statute must be liberally construed in the debtor’s favor, an item claimed as exempt must be actually utilized by the debtor in earning a living and it must be necessary for the debtor to participate in a trade or profession. Of course, the extent of the “necessity” requirement depends upon the debtor’s particular employment circumstances and financial needs.

[47]*47When the debtor’s occupation is easily defined by reference to a single pursuit, the Court has considered whether the item is “necessary for the debtor’s continued employment.” In re Biancavilla, 94 I.B.C.R. 150, 151-52, 173 B.R. 930, 933 (Bankr.D.Idaho 1994) (citing In re Ackerman, 91 I.B.C.R. 26, 27-28 (Bankr.D.Idaho 1991)). In Biancavilla, the debtor worked as an engineer for a computer firm. The debtor’s employer provided the software that he used on his personal computer so he could work at home, and the debtor actually used his home computer for that purpose. In that case, the Court allowed the debtor to exempt his home computer because the debtor’s employer provided the software and expected the debtor to utilize his computer to work at home. Therefore, the Court concluded that the computer was necessary for the debtor’s continued employment. Biancavilla, 94 I.B.C.R. at 152, 173 B.R. 930. See also Fancher, 94 I.B.C.R. at 39 (holding that a Karaoke machine was not necessary in connection with the debtor’s occupation as a bar or restaurant manager); In re Moon, 89 I.B.C.R. 26, 29 (Bankr.D.Idaho 1989) (holding that a VCR, television and video tapes were exempt tools of the trade when the debtor operated a day care facility out of her home and demonstrated that these items were necessary for her business).

In cases where a debtor has more than one trade or occupation, the Court has required not only that the tools in question be necessary for the debtor to continue in a chosen occupation, but also that the income generated from the occupation in which the tools are used be necessary for the debtor’s continued financial support. In In re Liebe, 92 I.B.C.R. 145, 146 (Bankr.D.Idaho 1992), the debtor held two jobs.

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Cite This Page — Counsel Stack

Bluebook (online)
349 B.R. 44, 2005 Bankr. LEXIS 3005, 2005 WL 4705260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-moore-idb-2005.