Debtor’s Wedding Ring is “Necessary Wearing Apparel” and Fully Exempt Under State Statute

Debtor’s Wedding Ring is “Necessary Wearing Apparel” and Fully Exempt Under State Statute

This objection relates to the case filed the Debtors under Chapter 7 of the Bankruptcy Code, 11 U.S.C § 101 et seq., on June 14, 2017 (“Petition Date”). Chapter 7 Trustee for the bankruptcy estate of the Debtors has filed an objection to certain exemptions claimed by the Debtors.

The Chapter 7 Trustee seeks an order that the Debtors’ claimed exemption in and to the “Wedding Ring,” claimed on the Debtors’ Amended Schedule C filed on July 27, 2017, pursuant to State Law, be disallowed.

One of the Debtors asserts her wedding ring is an item of “necessary wearing apparel” thus exempted from the bankruptcy estate by operation of the exemption statute under State Law. This statute grants an unlimited exemption to “necessary wearing apparel” and other specified items.

The Debtors’ original schedules did not claim the “necessary wearing apparel” exemption for the ring, and her schedule of exemptions was amended to argue that the wedding ring was “necessary wearing apparel” after Trustee identified that the ring was valued at an amount greater than its scheduled value of $1,500.

The ring in question was not worn to the Debtors’ meeting of creditors.

The parties have stipulated that the only question at issue is whether the ring constitutes “necessary wearing apparel” as a matter of fact and law.

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