Thornton v. ITT Financial Corp. (In Re Thornton)

91 B.R. 913, 1988 Bankr. LEXIS 1709, 18 Bankr. Ct. Dec. (CRR) 699, 1988 WL 109684
CourtUnited States Bankruptcy Court, C.D. California
DecidedOctober 19, 1988
DocketBankruptcy No. SB 87-08638 JW, Ref. No. M8-00377 JW
StatusPublished
Cited by6 cases

This text of 91 B.R. 913 (Thornton v. ITT Financial Corp. (In Re Thornton)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thornton v. ITT Financial Corp. (In Re Thornton), 91 B.R. 913, 1988 Bankr. LEXIS 1709, 18 Bankr. Ct. Dec. (CRR) 699, 1988 WL 109684 (Cal. 1988).

Opinion

MEMORANDUM OF DECISION

JOHN J. WILSON, Bankruptcy Judge.

The Debtor filed a COMPLAINT TO AVOID LIEN under 11 U.S.C. § 522(f) against ITT Financial Corporation. After a hearing on August 30, 1988, the Court holds that the creditor’s lien in “seven antique guns” may not be avoided under § 522(f).

*914 FACTS

In September 1985, the Debtor obtained a loan from ITT Financial Services for $2,695.94. The loan was secured by a non-purchase money security interest in various personal property with a claimed value of $14,870. The collateral included seven antique rifles” with a stated value of $4,500. On December 24, 1987, the Debtor filed a Chapter 7 bankruptcy petition and he included the seven antique guns as exempt on his amended B-4 schedules.

ISSUES

The issues are (1) whether the seven antique guns are exempt under California law, and (2) may the Debtor avoid the lien on the guns pursuant to § 522(f).

I. DISCUSSION

A. Lien Avoidance Under Bankruptcy Code

Certain liens that impair exemptions may be avoided under § 522(f). 1 Where a state has opted out of the federal exemptions provided in § 522(d), state law determines what property is exempt, but federal law determines the availability of a lien avoidance. Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984); In re Eveland, 87 B.R. 117, 121 (Bkrtcy.E.D.Cal.1988).

California has opted out of the federal exemptions, California Code of Civil Procedure (C.C.P.) § 703.130. In its exemption scheme, California offers debtors a choice between two mutually exclusive exemption lists. The Debtor has chosen the exemption list offered in C.C.P. § 703.140(b), (which mirrors the federal exemption list), and has claimed an exemption in the rifles pursuant to C.C.P. § 703.140(b)(3), (5). Although neither ITT Financial nor any other party has timely objected to the Debtor’s claimed exemptions, because of the dual state exemption and federal lien avoidance analysis, it is necessary to examine whether this property is exempt under California law.

B. California Exemption Law

California’s exemption statutes do not expressly define household furnishings; however, such property is exempt if “ordinarily and reasonably necessary to, and personally used or procured for use” by the debtor. 2 “Ordinarily and reasonably necessary” is to be determined by considering both the extent such an item is ordinarily found in a household and whether it has extraordinary value when compared with the same type of item found in other households. 3 The debtor chose to claim the exemptions under California C.C.P. § 703.140 4 which does not define “house *915 hold furnishings or ' household goods.” However, the expanded description of such property found in § 704.020 should apply as well to these terms as used in § 703.140.

II. DISCUSSION AND APPLICATION

The Bankruptcy Appellate Panel of the Ninth Circuit has determined that California courts have placed substantial emphasis on the debtor’s station in life and manner of living when deciding whether to exempt such household goods from execution. See In re Lucas, 77 B.R. 242, 245 (9th Cir. BAP 1987). Basing its decision on the broad language of California statutes and the bankruptcy policy of liberally construing exemptions in favor of debtors, the Lucas Court concluded that the debtor could exempt golf clubs, camera equipment, exercise bikes and Hummel figurines as household furnishings. Id. at 245. The list of exempt property continues to expand. A partial list of personal property which has been held to be exempt under § 522(f), includes VCRs, stereos, telephone answering machines, paintings, Hummel figurines, beer steins, golf clubs, exercise bikes, camera equipment, bicycles, camping equipment, fishing equipment, personal computers and exercise equipment. Id. at 245-46; In re Eveland, 87 B.R. at 119, 121.

Because of the nature of firearms, many courts have concluded that firearms are outside the definition of exempt property (unless specifically included in the statute), and they have not allowed liens against firearms to be avoided. See In re Oswald, 85 B.R. 541 (W.D.Mo.1986); In re Eveland, 87 B.R. 117 (Bkrtcy.E.D.Cal.1988); In re Weaver, 78 B.R. 135 (Bkrtcy.N.D.Tex.1987); In re Wetzel, 46 B.R. 254 (Bkrtcy.W.D.Va.1984); In re Noggle, 80 B.R. 303 (Bkrtcy.E.D.Mich.1983).

This concensus among the bankruptcy courts appears to be rooted in the ever changing definition of the ordinary household. In our modern urban, industrial, technological and service oriented society, firearms are not usually considered reasonably necessary household furnishings as they would have been 100 years ago on the frontier. However, the argument here does not involve the use of these rifles for protection or to procure food for the table. Rather, the plaintiffs argument is that all of these firearms have a significant, personal and intimate family history and they are used exclusively for display or conversation purposes just like a painting or Hummel figurine. Plaintiff’s unchallenged declaration reveals how he inherited these guns from his great grandfather and grandfather who actually played a part in the colorful history of the American West. 5 The Debtor has stated that he does not use these rifles for hunting or target practice.

ITT Financial contends that none of the rifles are antiques, rather they are primarily sporting items and therefore the lien should not be avoided, citing In re Eve-land, Id. The evidence does not support this contention. ITT offered expert testimony regarding the value of these rifles based on their age and condition. The expert witness, Joe Poyer, inspected the rifles just before the hearing, and he appraised them in a range of $200 to $995 with a total *916 value of $3,200. 6 He also testified that none of the rifles would qualify as an “antique” as defined by either the Customs Department (100 year rule) or by the Bureau of Alcohol, Tobacco and Firearms (manufactured 1898 or before). Poyer’s declaration states that an undocumented history of an old firearm has nothing to do with its value and many old firearms have little or no value to collectors. Nevertheless, there is no evidence that the rifles were used by the Debtor for sporting purposes.

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Related

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466 B.R. 515 (E.D. California, 2012)
McGreevy v. ITT Financial Services
130 B.R. 200 (D. Maryland, 1991)
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120 B.R. 127 (Ninth Circuit, 1990)
In Re Smith
119 B.R. 757 (E.D. California, 1990)
In re Hatcher
131 B.R. 430 (S.D. Indiana, 1990)

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Bluebook (online)
91 B.R. 913, 1988 Bankr. LEXIS 1709, 18 Bankr. Ct. Dec. (CRR) 699, 1988 WL 109684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-itt-financial-corp-in-re-thornton-cacb-1988.