In re Checiek

Chapter 7

MEMORANDUM OPINION ON DEBTORS’ CLAIM OF “TOOL OF TRADE” EXEMPTION

Michael G. Williamson, United States Bankruptcy Judge.

Janusz Checiek — one of the Debtors— owns a 100% interest in a Florida corporation. That corporation, in turn, owns a 2006 Volvo truck. The Debtor claims the truck (which is worth $25,000) is exempt as a “tool of trade” under Bankruptcy Code § 522(d)(6). The Trustee concedes that the truck in this case is a “tool of trade.” Nevertheless, the Trustee says the Debtors are not permitted to claim the truck as exempt because it is titled in the company’s name. The Court…