Lindsey v. Kingfisher Bank & Trust Co.

1992 OK 66, 832 P.2d 1, 63 O.B.A.J. 1439, 1992 Okla. LEXIS 84, 1992 WL 97200
CourtSupreme Court of Oklahoma
DecidedMay 12, 1992
Docket77345
StatusPublished
Cited by12 cases

This text of 1992 OK 66 (Lindsey v. Kingfisher Bank & Trust Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lindsey v. Kingfisher Bank & Trust Co., 1992 OK 66, 832 P.2d 1, 63 O.B.A.J. 1439, 1992 Okla. LEXIS 84, 1992 WL 97200 (Okla. 1992).

Opinion

ALMA WILSON, Justice:

The United States District Court for the Western District of Oklahoma has certified three questions pursuant to 20 O.S.1991, §§ 1601-1611. The questions concern the construction of 31 O.S.1991, § 1(A)(5) & (6) and are questions of first impression before this Court.

The appellees, Ray and Nancy Lindsey, filed their Chapter 7 bankruptcy petition in the Western District of Oklahoma on July 13, 1990. Pursuant to 31 O.S.1991, § 1(A)(6) 1 , the Lindseys claimed farm equipment as exempt in the amount of $10,-000.00, $5,000.00 for each debtor. The appellant, Kingfisher Bank & Trust Company holds a perfected security interest in the farm equipment in an amount exceeding $100,000.00. The Lindseys valued all their farm equipment at $5,000.00.

The Lindseys live in a mobile home located on the rural real property of Mr. Lindsey’s father. They neither own. nor lease this land. They have done custom combining work, using their farm equipment to do specific farming work for other farmers. They have also raised cattle. The Lindseys have been farmers their entire ten-year marriage, and state an intent to continue farming and raising cattle when they emerge from bankruptcy.

Title 31 O.S.1991, §§ 1(A)(5) and (6), and (B) provide in pertinent part:

A. Except as otherwise provided in this title and notwithstanding subsection B of this section, the following property shall be reserved to every person residing in the state, exempt from attachment or execution and every other species of forced sale for the payment of debts, except as herein provided:
* * * * % *
5. Implements of husbandry necessary to farm the homestead.
6. Tools, apparatus and books used in any trade or profession of such person or a dependent of such person.
* * * * % *
C. In no event shall any property under paragraph 5 or 6 of subsection A of this section, the total value of which exceeds Five Thousand Dollars ($5,000.00), of any person residing in this state be deemed exempt.

The issue is whether the facts of this cause allow the Lindseys to take advantage of the exemptions offered under implements of husbandry, or tools of the trade, or a combination of the two. The bankruptcy court ruled that the farming equipment qualified as tools of a trade and permitted exemption of up to $5,000.00 for each of the appellees. The appellant argues that the Lindseys do not have a homestead so that they cannot qualify for the exemption under paragraph (A)(5), and because the equipment is farm equipment, the appellees do not qualify for the exemption provided in paragraph (A)(6) either. The Lindseys reply that the exemption statutes clearly intend that a debtor be allowed to exempt $5,000.00 in equipment used in earning a living and therefore the Lindseys must qualify for an exemption under either or both of the two paragraphs. We set out and answer the certified questions below.

I. “Must a farmer own or lease a rural homestead as a condition precedent to exempting implements of husbandry under Okla.Stat. tit. 31, § 1A(5) (Supp. 1990)?”

The answer to this question depends upon the definition of the term “homestead” as it is used in 31 O.S.1991, § 1(A)(5). The exemption is for imple *3 ments of husbandry that are “necessary to farm the homestead.” The appellant argues that if a debtor neither owns nor leases a rural homestead, he cannot farm a homestead, and is not entitled to an exemption for implements of husbandry. The Lindseys note that prior to the 1980 amendment of 31 O.S. § 1(A), the statute provided: “[T]he following property shall be reserved to every person owning a home and residing therein...” They argue that when the legislature amended the statute, it removed the necessity of ownership, no longer requiring the debtor to own or lease the rural homestead to receive the benefits of the exemption.

The term “homestead” has been described in 31 O.S.1991, § 2, and provides in pertinent part that the homestead of a family shall consist of not more than one hundred sixty acres of land “to be selected by the owner.” 2 For the purposes of the exemption statutes, the term mandates ownership of the property. Under title 31 the homestead is property selected by the owner to be protected by the law from forced sale to meet debts. 31 O.S.1991, § 2. Although prior to the 1980 amendment of 31 O.S. § 1, subsection (1) 3 provided: “The homestead of the family shall consist of the home of the family whether the title to the same be lodged in or owned by the husband or wife.” The amendments took away the described language but kept the term “homestead” in § 1(A)(5). If the legislature had chosen to change the term to “home,” the implications of the paragraph would be different, given the amendments to the section. But because the term “homestead” was retained, we must answer the question posed by the United States District Court affirmatively. A farmer must own or lease a rural homestead as a condition precedent to exempting implements of husbandry under the statute.

II. “Is a farmer who neither owns nor leases rural homestead acreage entitled to claim an exemption as a tradesman or professional for property in the nature of farm equipment of a value not exceeding $5,000.00 pursuant to Okla.Stat. tit. 31, § 1A(6) (Supp.1990)?”

The appellant argues that because § 1(A)(5) is specific regarding farmers and § 1(A)(6) is general, referring to any trade or profession, that § 1(A)(5) must be applied to the exclusion of § 1(A)(6). Laws addressing a specific situation are applied to the exclusion of more general laws. Newblock v. Bowles, 170 Okla. 487, 40 P.2d 1097, 1100 (1935). The appellant reasons that § 1(A)(6), does not apply because the Lindseys are farmers and cannot benefit from the exemption provided for trades or professions. The Lind-seys answer that the legislature intended that a debtor have tools necessary to con *4 tinue to make a living for his family and not be a burden on the state.

Section 1(A)(5) provides an exemption for implements of husbandry necessary to farm the homestead. As addressed previously in part I, if neither of the spouses have an ownership interest in the land that they farm, the paragraph is simply inapplicable. It does not limit those who have certain agricultural skills and use those skills to make a profit on the real property of others. The appellant desires to lump all farming activities together and restrict any exemption to debtors who have an ownership interest. We refuse to characterize the issue so narrowly. The issue is whether or not the skills used by .the Lind-seys can be described as a trade as provided in § 1(A)(6). Both parties cite In re Siegmann, 757 P.2d 820

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Bluebook (online)
1992 OK 66, 832 P.2d 1, 63 O.B.A.J. 1439, 1992 Okla. LEXIS 84, 1992 WL 97200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsey-v-kingfisher-bank-trust-co-okla-1992.