Oakley v. Freeland

287 B.R. 174, 2002 U.S. Dist. LEXIS 24604, 2002 WL 31870547
CourtDistrict Court, N.D. Indiana
DecidedDecember 16, 2002
Docket2:02-cv-00050
StatusPublished
Cited by3 cases

This text of 287 B.R. 174 (Oakley v. Freeland) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oakley v. Freeland, 287 B.R. 174, 2002 U.S. Dist. LEXIS 24604, 2002 WL 31870547 (N.D. Ind. 2002).

Opinion

ORDER

LOZANO, District Judge.

This matter is before the Court on appeal from the United States Bankruptcy Court. For the reasons set forth below, the decision of the bankruptcy court is REVERSED in that the Trustee’s objection is OVERRULED.

BACKGROUND

Appellant, Thomas Odis Oakley (Oakley), voluntarily petitioned for Chapter 7 bankruptcy on April 26, 2001. On Schedule C of his petition, Oakley exempted $2700 in cash on hand as tangible personal property pursuant to Indiana Code section 34 — 55—10—2(b)(2). On August 2, 2001, trustee, Daniel L. Freeland (Freeland), objected to Oakley’s exemption of the $2700 cash as tangible personal property. Free-land’s objection was based on his argument that cash in hand is an intangible asset and, therefore, limited to a $100 exemption pursuant to Indiana Code section 34 — 55—10—2(b)(3). On August 14, 2001, Oakley filed his response to the trustee’s objection. Subsequently, the bankruptcy court entered an opinion and sustained Trustee Freeland’s objection to Oakley’s claimed exemption of cash on hand.

Oakley filed a notice of appeal in January 2002, and contemporaneously filed an extension of time to appeal. Said extension was granted and Oakley filed his appeal in February 2002.

Because this Court is able to adequately determine the facts and legal arguments by its review of the briefs and record, and because the decisional process would not be significantly aided by oral argument, this Court finds that oral argument is not necessary pursuant to Federal Bankruptcy Rule 8012. See, e.g., In re Chenoweth, 143 B.R. 527, 528 (S.D.Ill.1992).

Standard of Review

In reviewing a bankruptcy court’s decision, this Court acts as an appeals court and applies the same standards of review as govern appellate review in other cases. Zygulski v. Daugherty, 236 B.R. 646 (N.D.Ind.1999); see also Sagamore Park Centre Associates, L.P. v. Sagamore Park Properties, 200 B.R. 332 (N.D.Ind.1996). The sole issue before this Court is one of law. Accordingly, this Court reviews the bankruptcy court’s legal determination de novo. Zygulski, 236 B.R. at 651. De novo review requires the district court to make an independent examination of the bankruptcy court’s judgment without giving deference to that court’s analysis or conclusions. Id.; see also Smoker v. Hill & Assocs., Inc., 204 B.R. 966 (N.D.Ind.1997).

DISCUSSION

Indiana has opted out of the federal bankruptcy exemptions provided in 11 U.S.C. section 522(d). Instead, Indiana has chosen to establish the property exemptions for individual debtors domiciled in Indiana by state statute. See Ind.Code § 34-55-10-2, et seq. The list of exemptions are found in Indiana Code section 34-55-10-2, which provides, in relevant part:

(b) The following property of a judgment debtor domiciled in Indiana is not subject to levy or sale on execution or any other final process from a court, for a judgment founded upon an express or implied contract or a tort claim:
5]» ^
*176 (2) Other real estate or tangible personal property of four thousand dollars ($4,000).
(3) Intangible personal property, including choses in action (but excluding debts owing and income owing), of one hundred dollars ($100).

Ind.Code § 34-55-10-2(b).

The sole issue before this Court is whether cash in the possession of a debtor is tangible or intangible personal property pursuant to Indiana Code section 34-55-10-2(b). If currency is found to be tangible personal property, the debtor may exempt $4,000. Ind.Code § 34-55-10-2(b)(2). If cash is judged to be intangible personal property, however, the debtor is entitled to exempt only $100. Ind.Code § 34 — 55—10—2(b)(3). The dispute among the parties arises due to the fact that the statute does not define either tangible or intangible personal property. Moreover, the statute itself does not provide any clues as to whether cash is properly designated as tangible or intangible personal property.

Aside from the statute’s ambiguity, the difficulty in determining whether cash is tangible or intangible personal property is compounded by the abstract legal definitions of both. “Tangible property” is defined as “[property that has physical form and characteristics” (e.g., ring or watch). Black’s Law Dictionary, 1234 (7th ed.1999). “Intangible property” is defined as “[pjroperty that lacks a physical existence” (e.g., bank accounts, stock options, and business goodwill). Black’s Law Dictionary, 1233 (7th ed.1999). While these definitions seem diametrically opposed, they actually do little to clarify one’s ability to categorize the nature of cash. Indeed, the aforementioned definitions have caused several courts in this district to engage in various metaphysical discussions concerning cash — comparing and contrasting its physical form with its representative value. See In re Koehl, 1988 Bankr.-LEXIS-2684-No. 87-10550 (Bankr.N.D.Ind. July 8, 1988); Levin v. Dare, 203 B.R. 137 (S.D.Ind.1996). The result of such inquiry has led courts to believe that “[cjurrency simply does not fit neatly into the abstract legal categories of tangible and intangible property.” Levin, 203 B.R. at 142.

To add to the uncertainty, there is only one Indiana case to have even peripherally addressed the issue at hand. In Myles v. Flora, a nonbankrupt case, the plaintiff obtained a judgment against the defendant. 462 N.E.2d 1319 (Ind.Ct.App.1984). In satisfaction of said judgment, the garnishee defendant was ordered to pay the court a deposit of Myles. The defendant claimed that the deposit account was cash, therefore, subject to the $4,000 tangible property exemption. Conversely, the plaintiff argued that the deposit account was intangible and only entitled to a $100 exemption. The Myles court, relying on the intangibles tax statute, found the account to be intangible. Id. at 1320. The court defined intangible personal property as “property which has no extrinsic value but is merely representative of evidence of value, such as stock certificates, bonds, or promissory notes.” Id. While determining that the account was intangible, the Court found that the deposit account was neither money nor cash. Id. Thus, for purposes of the instant issue, Myles is of little use.

With the aforementioned unsettled principles in mind, the parties have attempted to persuade this Court with various collateral arguments.

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287 B.R. 174, 2002 U.S. Dist. LEXIS 24604, 2002 WL 31870547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakley-v-freeland-innd-2002.