Zubrod v. Winters

2002 WY 29, 40 P.3d 1231, 2002 Wyo. LEXIS 29, 2002 WL 243081
CourtWyoming Supreme Court
DecidedFebruary 21, 2002
DocketNo. 00-262
StatusPublished
Cited by3 cases

This text of 2002 WY 29 (Zubrod v. Winters) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zubrod v. Winters, 2002 WY 29, 40 P.3d 1231, 2002 Wyo. LEXIS 29, 2002 WL 243081 (Wyo. 2002).

Opinion

LEHMAN, Chief Justice.

[T1] Appellee Dixie Winters filed a Chapter 7 Bankruptcy Petition with the United States Bankruptcy Court, District of Wyoming, on October 18, 1999. On Schedule B of this petition, appellee listed that she owned "2 diamond rings (inherited from mother)." These rings were initially valued at $500.00. On Schedule C of her petition, appellee claimed these rings were exempted as "necessary wearing apparel" pursuant to Wyo. Stat. Ann. § 1-20-105. Appellee later amended Schedule B by changing the wording regarding the rings to "wedding rings" and amended the value of the rings to $200.00. Appellee continued to claim the rings were exempted as "necessary wearing apparel" under § 1-20-105.

[¶2] The bankruptcy estate, through its appointed trustee Tracy Zubrod, then objected in part to appellee's claimed exemption with respect to the rings. Upon hearing, the United States Bankruptey Court entered an order finding the rings were not exempt. Appellee appealed to the United States Bankruptey Appellate Panel of the Tenth Circuit.

[T3] The United States Bankruptcy Appellate Panel of the Tenth Circuit held the rings constituted "wedding rings" under Wyo. Stat. Ann. § 1-20-105 and remanded the matter to the United States Bankruptcy Court to determine whether the rings were "necessary wearing apparel" as defined under that statute. After holding an evidentia-ry hearing on August 22, 2000, the United States Bankruptcy Court certified to the Wyoming Supreme Court the following question:

Are wedding rings inherited by an unmarried debtor, and which do not signify that debtor's own marriage but which are worn for sentimental and ornamental purposes, "necessary wearing apparel" under the provisions of Wyo. Stat. Ann. § 1-20-105 (Lexis 2000)?

[¶4] We answer the question in the negative.

FACTS

[¶5] The facts in this case are not complicated. The two rings were inherited by appellee from her mother and were the mother's wedding rings. Appellee is not married, however, she wears the wedding band occasionally and the engagement ring on a more regular basis. The rings are worn for sentimental reasons and are not kept for investment purposes. The value of the rings and appellee's other exemptible wearing apparel do not total more than the maximum statutorily authorized exemption amount of $1,000.00 found in § 1-20-105.

[1233]*1233STANDARD OF REVIEW

[T6] The certified question requires this court to interpret the meaning of Wyo. Stat. Ann. § 1-20-105 (LexisNexis 2001). Statutory construction is a question of law; accordingly, our standard of review is de movo. In interpreting statutes, our primary consideration is to determine the legislature's intent. All statutes must be construed in pari materia; and, in ascertaining the meaning of a given law, all statutes relating to the same subject or having the same general purpose must be considered and construed in harmony. We begin by making an inquiry respecting the ordinary and obvious meaning of the words employed according to their arrangement and connection. We construe the statute as a whole, giving effect to every word, clause, and sentence. Wyoming Bd. of Outfitters & Professional Guides v. Clark, 2001 WY 78, ¶12, 30 P.3d 36, ¶12 (Wyo.2001); Richards v. Board of County Comm'rs, 6 P.3d 1251, 1258 (Wyo.2000); Fontaine v. Board of County Comm'rs, 4 P.3d 890, 894-95 (Wyo.2000); Wyoming Dep't of Transp. v. Haglund, 982 P.2d 699, 701-08 (Wyo.1999).

DISCUSSION

[¶ 7] Wyoming statute § 1-20-105 provides:

The necessary wearing apparel of every person not exceeding one thousand dollars ($1,000.00) in value, determined in the manner provided in W.S. 1-20-106 is exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in this state. Necessary wearing apparel shall not include jewelry of any type other than wedding rings.

[18] The United States Bankruptcy Code provides for the ability of the individual state legislatures to determine items of exemption which may be claimed pursuant to 11 U.S.C. § 522(b). This ability, known as "opting out" of the federal exemptions, is provided under 11 U.S.C. § 522(b) as follows:

Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (1) or, in the alternative, paragraph (2) of this subsection.... Such property is-
(1) property that is specified under subsection (d) of this section, unless the State law that is applicable to the debtor under paragraph (2)(A) of this subsection specifically does not so authorize; or, in the alternative,
(2)(A) any property that is exempt under Federal law, other than subsection (d) of this section, or State or local law that is applicable on the date of the filing of the petition at the place in which the debtor's domicile has been located for the 180 days immediately preceding the date of the filing of the petition, or for a longer portion of such 180-day period than in any other place; and
(B) any interest in property in which the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable nonbank-ruptey law.

Onee a state has exercised its option to utilize its own exemption statutes rather than the federal exemptions set forth in 11 U.S.C. § 522(d), a particular debtor may solely utilize the state-provided exemptions of his residency and may not choose between state and federal exemptions. See Wyo. Stat. Ann. § 1-20-109 and In re Miller, 101 B.R. 713, 715(Bankr.E.D.Okla.1989).1

[¶9] Upon review of the Wyoming exemption statutes enacted and presently in place, giving particular attention to Wyo. [1234]*1234Stat. Ann. § 1-20-105, we do not find them to be ambiguous. We note, however, that the terms "necessary wearing apparel" and "wedding rings" have not been defined by statute nor have these terms been previously interpreted through established Wyoming case law.

[110] Nevertheless, we also recognize in attempting to glean the intent of the Wyoming legislature in enacting the designated exemptions, most particularly § 1-20-105, that the legislature did not include a separate exemption allowance for jewelry as does 11 U.S.C. § 522(d)(4), which provides:

The {ollowing property may be exempted under subsection (b)(1) of this section:
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Bluebook (online)
2002 WY 29, 40 P.3d 1231, 2002 Wyo. LEXIS 29, 2002 WL 243081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zubrod-v-winters-wyo-2002.