In Re Andrew Westhem and Emily Westhem, Bankrupts. C. Douglas Wikle v. Andrew Westhem and Emily Westhem

It is with considerable reluctance and trepidation that I dissent from my. colleagues on an issue of California law, but in my view a replacement diamond engagement ring valued in excess of $3000 should not be included within California’s bankruptcy exemption as “necessary ... wearing apparel, ordinarily and reasonably necessary to, and personally used by, the debt- or and his resident family.” Cal.Civ.Proc. Code § 690.1.

The replacement diamond ring was purchased for $6800 over thirteen years ago with the insurance proceeds received after the theft of Mrs. Westhem’s heirloom engagement ring.…