In re Payne

215 B.R. 889, 1997 Bankr. LEXIS 2071, 1997 WL 784200
CourtUnited States Bankruptcy Court, N.D. Oklahoma
DecidedNovember 13, 1997
DocketBankruptcy No. 97-03512-M
StatusPublished
Cited by1 cases

This text of 215 B.R. 889 (In re Payne) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Payne, 215 B.R. 889, 1997 Bankr. LEXIS 2071, 1997 WL 784200 (Okla. 1997).

Opinion

MEMORANDUM OPINION

TERRENCE L. MICHAEL, Bankruptcy Judge.

THIS MATTER comes before the Court pursuant to the Motion to Avoid a Lien of Beneficial Oklahoma, Inc. (the “Motion”) filed by Jerry Don Payne (“Mr. Payne”) and Carolyn Sue Payne (“Ms. Payne”), Debtors herein, on August 29, 1997. In the Motion, debtors request an order of the Court avoiding the lien of Beneficial Oklahoma, Inc. (“Beneficial”) on certain hand tools and two lawn mowers which Debtors claim as exempt.

Beneficial objected to the Motion, arguing that the Debtors were not entitled to claim the property at issue as exempt. An eviden-tiary hearing was held on the matter on October 14, 1997. Mr. and Ms. Payne appeared at the hearing and were represented by their attorney, Mark Hardin. Beneficial appeared by and through its attorney, Scott Lehman. The Court received evidence in the form of testimony and exhibits. Beneficial submitted its post-trial brief on October 23, 1997, and the matter was taken under advisement. The following findings of fact and conclusions of law are made pursuant to Bankr.R. 7052 and Fed.R.Civ.P. 52.

Jurisdiction

The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b).1 Reference to the Court of this matter is proper pursuant to 28 U.S.C'. § 157(a), and this is a core proceeding as contemplated by 28 U.S.C. § 157(b)(2)(B), (K) and (O), and 11 U.S.C. § 522(f).2

Findings of Fact

Debtors filed their voluntary petition for liquidation under Chapter 7 of the Bankruptcy Code on July 31, 1997. Mr. Payne is a machinist for Dover Norris and uses some of his own hand tools in his employment. Ms. Payne is an Assistant Manager for Tulsa Clearing House Association. Neither claims to be either a full-time or a part-time farmer. The Debtors have claimed their 1.25 acre residence as an exempt homestead without objection. As is the case with most residences, the Debtors have a grass lawn which requires maintenance.

Prior to the filing of their case, Debtors granted Beneficial a non-possessory and non-purchase money security interest in certain items personal property, including a Toro Lawnmower (the “push mower”), a Craftsman Lawn Tractor (the “riding mower”) and various Craftsman and Mack Hand tools (the “hand tools”). Mr. Payne testified that the hand tools were necessary to and used by him in his employment as a machinist. Mr. Payne also testified that it takes approximately two (2) hours to mow the majority of his property with the riding mower. Use of the push mower is required in order to mow in “tight spots”; i.e., ditches and around trees, which cannot be maintained with the riding mower. Mr. Payne estimated that it would take him one (1) to two (2) days to mow his property using the push mower alone. Failure to properly maintain the lawn would likely lead to a nuisance citation by the local authorities.

To the extent the “Conclusions of Law” contain any items which should more appropriately be considered “Findings of Fact,” they are incorporated herein by this reference.

Conclusions of Law

In the Motion, Debtors seek to avoid the lien of Beneficial in these items pursuant to [891]*89111 U.S.C. § 522(f). The lien held by Beneficial is a nonpossessory, non-purchase money lien. Debtors will be able to avoid the lien of Beneficial on the hand tools and lawn mowers if they are exempt property undei- Oklahoma law as provided by OMa.Stat.Ann. tit. 31, § 1 et seq. (West 1991 & Supp.1998).

1. Hand Tools as Tools of the Trade

Beneficial admits that the hand tools are properly exempt as “tools of the trade” under OMa.Stat. Ann. tit. 31, § 1(A)(6) (West 1991 & Supp.1998). See Creditor’s Brief in Response to Motion to Avoid Lien of Beneficial of Oklahoma, p. 1 (conceding that the Mack hand tools are tools of the trade). Accordingly, Debtors are entitled to avoid the lien of Beneficial upon the hand tools.

2. Lawnmowers

At issue are the riding mower and the push mower. Debtors claim that both lawnmowers may be exempted as “household and Mtchen furniture held primarily for the personal, family or household use of such person or a dependent of such person” under OMa. Stat.Ann. tit. 31, § 1(A)(3), or, in the alternative, as “[implements of husbandry necessary to farm the homestead” under OMa. StatAnn. tit. 31, § 1(A)(5). The Court accepts the first argument, and rejects the second.

A. Implements of Husbandry

The OMahoma exemption statute states that “[implements of husbandry necessaiy to farm the homestead” are exempt. OMa.Stat. Ann. tit. 31, § 1(A)(5) (West 1991 & Supp.1998) [emphasis added]. Neither of the Debtors claims to be engaged in farming on either a part-time or a full-time basis. Furthermore, the Court does not consider the process of mowing one’s lawn to be “farming.” If it were, then virtually every person who cuts his or her lawn would legally be a “farmer.” But see In re Wiford, 105 B.R. 992, 1001 (Bankr.N.D.Okla.1989) (lawnmower exempt as an “implement of husbandry” even though not used in farming, but rather for “domestic use”). This Court respectfully disagrees with the Wiford analysis, for it does not consider the mowing of a domestic lawn to constitute “farming.”

B. Household and Kitchen Furniture

Under the OMahoma exemptions all household and Mtchen furniture held for personal, family or household use may be claimed as exempt. OMa.Stat.Ann. tit. 31, § 1(A)(3) (West 1991 & Supp.1998). The first question is whether lawnmowers may be considered “household furniture” for purposes of the statute. If the answer to the first question is yes, the Court must next determine whether these Debtors aré entitled to claim not one, but two, lawnmowers as exempt.

The OMahoma statutes do not give examples of what type of items constitute household goods and furniture. One court has observed that

[although there , is very little OMahoma case law regarding the application of the exemption to particular items of personal property, the OMahoma Courts have long taken the position that exemption statutes are to be liberally construed. In fact, the OMahoma Supreme Court has stated on more than one occasion that where there is a doubt as to whether certain property is exempt or not, the doubt should be resolved in favor of the exemption.

In re Fisher, 11 B.R. 666, 668 (Bankr.W.D.Okla.1981) (citing Phelan v. Lacey, 51 Okla. 393, 151 P. 1070 (1915), and Nelson v. Fightmaster, 4 Okla. 38, 44 P. 213 (1896)). The Fisher Court held that the meaning of the word furniture should not be so limited as to exclude “mechanic devices” when interpreting the exemption statute." In re Fisher, supra, (citing Swisher v. Clark, 202 Okla. 25, 209 P.2d 880 (1949)) (holding vacuum cleaners and air conditioners to be exempt as household furnishings).

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In Re Sims
241 B.R. 467 (N.D. Oklahoma, 1999)

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Bluebook (online)
215 B.R. 889, 1997 Bankr. LEXIS 2071, 1997 WL 784200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-payne-oknb-1997.