2

3
4 5 6 7 8 9 10

[Ooop[p;Russell D. Garrett, WSBA # 18657 Chapter 7 Trustee 1499 SE Tech Center Place , Suite 380 Vancouver, Washington 98683 Telephone: 360-567-3900 Facsimile: 360-567-3901

Hon. Paul B. Snyder Location: 500 W. 12th Street, 2nd Floor, Vancouver, WA, Federal Building Hearing Date: October 1,2013 Hearing Time: 9:00 am Response Date: September 24, 2013

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA In re: No. 13-43836-PBS MARK A. LEONARD, TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTION HOMESTEAD PROPERTY AND TO LIMIT THE DEBTOR'S EXEMPTIONS IN THE SCHEDULE B PROPERTY

11
12 13 14 15 16 17 amounts and values listed in the schedules. 18 Debtor.

The Chapter 7 Trustee objects to the debtor's claim of exemption in the real property located at 5225 Meeker Drive, Kalama, Washington, and also seeks to limit the debtor's claim of exemption in certain of the personal property identified on Schedules Band C to the

Real Property 19 20 21 The debtor claims the homestead exemption in commercial property located at 5225 Meeker Drive in Kalama, Washington. However, the homestead exemption does not apply

22
23 24

for several reasons. First, the property is commercial property, not residential property. The debtor conveyed a lease of the entire real property to a corporation. The debtor retained no interest for himself in the leased property. There is nothing for the debtor to claim a
Page 1TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTION IN HOMESTEAD PROPERTY AND TO LIMIT THE DEBTOR'S EXEMPTIONS IN THE SCHEDULE B PROPERTY
JORDAN RAM IS, P.e. 1499 SE Tech Center Place, Suite 380 Vancouver, W A 98683 Telephone: 360-567-3900

Case 13-43836-PBS

Doc 20

Filed 08/27/13

Ent. 08/27/13 17:04:39

Pg. 1 of 3

homestead in except for the remainder interest. In addition, the liens and encumbrances on the real property exceed the value. Finally, the real property is not residential property that can be used as a homestead. It is commercial property, is zoned commercial, and is used as commercial property by the corporation as lessee. This is supported by the debtor's testimony at the 341 examination and the lease agreement between the debtor and the corporation.

2 3 4 5 6

Personal Property
7 The Trustee objects to the debtor's claims of exemption in all personal property 8 9 10 11 12 13 14 15 16 17 18 19 Attached is a Proposed Order. 20 disclosed on Schedule B, including household goods and furnishings, books, pictures, and other art objects and collectibles, furs and jewelry, firearms, sports, and other photography or hobby equipment to the extent of the values listed on Schedule B of the debtor's schedules and as amended prior to the filing date of this objection. This objection includes any attempts to exempt the debtor's shares ofTytan Holdings Inc., Tytan International Inc., and other related Tytan companies. To the extent that the debtor's value of the foregoing property exceeds the amounts already listed, those values should not be exempt. For this objection, the Trustee relies upon the debtor's Schedules and Statement of Financial Affairs, the testimony at the first meeting of creditors, and the applicability of the code sections cited by the debtor for his exemptions.

Conclusion
21

22
23

For the foregoing reasons, the Trustee objects to the debtor's real property exemptions as outlined above. The Trustee seeks an Order denying the debtor's claim of exemption in the real property located at 5225 Meeker Drive, Kalama, Washington, and limiting the debtor's
JORDAN RAMIS, P.e.
1499 SE Tech Center Place, Suite 380 Vancouver, W A 98683 Telephone: 360-567-3900

24

Page 2-

TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTION IN HOMESTEAD PROPERTY AND TO LIMIT THE DEBTOR'S EXEMPTIONS IN THE SCHEDULE B PROPERTY

Case 13-43836-PBS

Doc 20

Filed 08/27/13

Ent. 08/27/13 17:04:39

Pg. 2 of 3

claim of exemption in all of his personal property to the values and amounts listed on 2
3

Schedule C as currently filed and amended as of the date of the filing of this objection. DATED this 27th day of August, 2013.

4 5 6
7

JORDAN RAMIS, P.C.

8 9
10

By lsi Russell D. Garrett Russell D. Garrett, WSBA #18657 Chapter 7 Trustee

11 12 13 14 15 16
17

18 19

20
21

22
23 24
JORDAN RAMIS. P.e. 1499 SE Tech Center Place, Suite 380 Vancouver, W A 98683 Telephone: 360-567-3900

Page 3-

TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTION IN HOMESTEAD PROPERTY AND TO LIMIT THE DEBTOR'S EXEMPTIONS IN THE SCHEDULE B PROPERTY

Case 13-43836-PBS

Doc 20

Filed 08/27/13

Ent. 08/27/13 17:04:39

Pg. 3 of 3

2 3
4

6
7 8

9
10
11

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA 13-43836-PBS [PROPOSED] ORDER APPROVING TRUSTEE'S OBJECTION TO EXEMPTIONS

12 13 14 15 16

Debtor.

THIS MATTER came before the Court on the Trustee's Objection to Exemption. The Court having reviewed the objection, its records and files herein, and the Court being otherwise fully advised in the premises; NOW, THEREFORE, IT IS HEREBY ORDERED that the debtor's claim of

17 exemption in the real property located at 5225 Meeker Dr., Kalama, Washington, and 18 limiting the debtor's claims of exemption to the values and amounts listed on Schedule C as 19 currently filed and as currently amended as of August 27, 2013.
20 IIIEND OF ORDER/II

21 Presented By:

22
23 Russell D. Garrett, WSBA #18657 Chapter 7 Trustee
24 25
26

Page 1- [PROPOSED] ORDER APPROVING TRUSTEE'S OBJECTION

TO EXEMPTIONS

JORDAN RAMIS, P.e. 1499 SE Tech Center Place, Suite 380 Vancouver, W A 98683 Telephone: 360-567-3900

Case 13-43836-PBS

Doc 20-1

Filed 08/27/13

Ent. 08/27/13 17:04:39

Pg. 1 of 1