Lampe v. Iola Bank & Trust (In Re Lampe)

278 B.R. 205, 2002 WL 1025897
CourtBankruptcy Appellate Panel of the Tenth Circuit
DecidedMay 22, 2002
DocketBAP Nos. KS-01-007, KS-01-015. Bankruptcy No. 00-41306
StatusPublished
Cited by20 cases

This text of 278 B.R. 205 (Lampe v. Iola Bank & Trust (In Re Lampe)) is published on Counsel Stack Legal Research, covering Bankruptcy Appellate Panel of the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lampe v. Iola Bank & Trust (In Re Lampe), 278 B.R. 205, 2002 WL 1025897 (bap10 2002).

Opinions

OPINION

CORDOVA, Bankruptcy Judge.

This case requires us to construe the Kansas exemption statute applicable to “tools of the trade,” Kan. Stat. Ann. § 60-2304(e). Donald R. and Sheila L. Lampe (“Debtors”) appeal and Iola Bank & Trust (“Bank”) cross appeals from the order of the United States Bankruptcy Court for the District of Kansas in which the court concluded that one of the Debtors was entitled to claim a tools of the trade exemption under Kan. Stat. Ann. § 60-2304(e). In their appeal, the Debtors contend that the bankruptcy court erred in determining that only Donald Lampe was eligible to claim as exempt certain farm equipment. The Bank argues in its cross appeal that the bankruptcy court erred in concluding that the Debtors were farmers entitled to any tools of the trade exemption. For the following reasons, we affirm the bankruptcy court insofar as it concluded that the Debtors were farmers and reverse the court’s conclusion that Sheila Lampe was not entitled to a tools of the trade exemption under Kan. Stat. Ann. § 60-2304(e).

I. Background

Donald Lampe began working as a farmer while in high school in 1971. After he married Sheila Lampe in 1980, the two continued to earn their livelihood exclusively by farming until falling on hard times in the late 1990’s. (Appellee’s Appendix at 11-12.) Although the Debtors primarily farmed grain, they had raised cattle from time to time before 1999. The ‘ Debtors obtained loans from the Bank and from the Farm Services Agency in order to finance their farming operation.

Both Debtors contributed their labor to the farm; Sheila Lampe performed all tasks except for operating the planter and combine. In approximately 1997, Sheila Lampe obtained part-time employment as a secretary to supplement the family’s farm income, but she continued to work on the farm in addition to her outside employment.

Despite the Debtors’ efforts, they were unable to meet their financial obligations to the Bank and to the Farm Services Agency. In 1999, the Debtors informed the Bank that they were struggling and that they would be unable to make a payment on the Farm Services Agency loan. The Bank, which had been the source of the Debtors’ operating capital, did not renew the Debtors’ operating loan, and commenced foreclosure on the Debtors’ farm [208]*208property thereafter. (Appellant’s Appendix at 12.)

In February 2000, Donald Lampe took a job with a farm implement dealer. Sheila Lampe began working as a daycare provider and also obtained work with a local cooperative. Both Debtors continued to work on the farm notwithstanding their outside jobs. Even without an operating loan in 1999, the Debtors obtained funds to plant a crop through a local farm cooperative, which extended them credit for fuel, seed, fertilizer, and other necessary supplies.

The Debtors filed a joint Chapter 7 petition on June 19, 2000. On Schedule C, filed on July 12, 2000, the Debtors claimed a $15,000.00 exemption for certain farm equipment2 under the Kansas tools of the trade exemption, Kan. Stat. Ann. § 60-2304(e). Following the meeting of creditors in August 2000, the Bank and the Chapter 7 Trustee, Darcy D. Williamson (“Trustee”), filed timely objections to the Debtors’ claimed exemption. See Fed. R. Bankr.P. 4003(b).

The Bank argued that the Debtors did not qualify for the claimed exemption under Kan. Stat. Ann. § 60-2304(e) because farming was not their primary occupation, as evidenced by the Debtors’ Schedule I, in which they had listed their outside employment. The Bank asserted that it held valid liens on the property claimed as exempt, which the Debtors could not avoid. The Trustee also asserted that the Debtors’ primary occupation was not farming, and claimed that Sheila Lampe “may not be entitled to exempt ‘tools of the trade’ pursuant to In re Goebel, 75 B.R. 385 ([Bankr.D.Kan.] 1987).” (Appellant’s Appendix at 8.)

The bankruptcy court held an evidentia-ry hearing on January 3, 2001, taking testimony and admitting documentary evidence. The court took the matter under advisement and issued its Order on Objections to Exemptions and Lien Avoidance3 on February 5, 2001. The court found that, despite the Debtors’ outside employment, the Debtors’ primary occupation was farming at the time that they filed for bankruptcy. The court concluded, however, that Sheila Lampe could not claim a $7,500.00 exemption in the farm equipment because she did not have a separate ownership interest therein. The Debtors filed a timely notice of appeal, and the Bank filed its cross appeal thereafter. See Fed. R. Bankr.P. 8002(a).

II. Jurisdiction

The bankruptcy court’s order regarding the Debtors’ claim of exemption is an appealable order for purposes of this Court’s jurisdiction. 28 U.S.C. § 158(a)-(b); Gregory v. Zubrod (In re Gregory), 245 B.R. 171, 172 (10th Cir. BAP 2000), ajfd without published opinion, 246 F.3d 681 (10th Cir.2000). The parties filed timely notices of appeal under Fed. R. Bankr.P. 8002, and consented to this Court’s jurisdiction by failing to proceed in the United States District Court for the District of Kansas. 28 U.S.C. § 158(c)(1); Fed. R. Bankr.P. 8001; 10th Cir. BAP L.R. 8001-1.

[209]*209III. Standard of Review

Whether the bankruptcy court erred in finding that the Debtors were primarily employed as farmers is a factual matter subject to reversal under the clearly erroneous standard. Fed. R. Bankr.P. 8013; Cobb v. Lewis (In re Lewis), 271 B.R. 877, 880 (10th Cir. BAP 2002) (findings of fact are reviewed for clear error). “ ‘A finding of fact is clearly erroneous if it is without factual support in the record or if the appellate court, after reviewing all the evidence, is left with the definite and firm conviction that a mistake has been made.’ ” Paton v. New Mexico Highlands University, 275 F.3d 1274, 1278 (10th Cir.2002) (quoting Tosco Corp. v. Koch Indus., Inc., 216 F.3d 886, 892 (10th Cir.2000)). Whether the court properly applied the Kansas exemption for tools of the trade in precluding Sheila Lampe from claiming an exemption is a question of law, reviewable de novo. In re Zibman,

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278 B.R. 205 (Tenth Circuit, 2002)

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Bluebook (online)
278 B.R. 205, 2002 WL 1025897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lampe-v-iola-bank-trust-in-re-lampe-bap10-2002.