In Re Jackson , 1992 Bankr. LEXIS 1760 ( 1992 )

147 B.R. 49 (1992)

In re JACKSON, Arlen and Jackson, JoAnn, Debtors.

Bankruptcy No. 92-00951-7.

United States Bankruptcy Court, D. Idaho.

October 8, 1992.

Kenneth S. Bridgeman, Coeur d'Alene, Idaho, for debtors.

Ford Elsaesser, Trustee.

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Judge.

In their schedules the chapter 7 debtors, Arlen Jackson and JoAnn Jackson, each claim a $1,500.00 exemption in the same automobile for a total claimed exemption in the automobile of $3,000.00. The chapter 7 trustee objects to the amount of the claimed exemption, contending the debtors are entitled only to the $1,500.00 exemption as afforded by Idaho Code § 11-605(3).^[1]

Each debtor filing a joint petition is entitled to claim exemptions. 11 U.S.C. § 522(m);^[2]In the Matter of Franco, 91 I.B.C.R. 126 (Bankr.D.Idaho 1991).

While joint debtors may not allocate their individual $1,500.00 exemptions among different motor vehicles (In re Franco, supra; In re Hart, 91 I.B.C.R. 159 (Bankr.D.Idaho 1991)), Idaho Code § 11-605 does not preclude the debtors from applying each of their exemptions to the same motor vehicle, or each individual exemption to a separate motor vehicle.

Accordingly, the objection of the trustee to the claim of exemption will be denied. A separate order will be entered.

NOTES

[1] Idaho Code § 11-605(3) provides: (3) An individual is entitled to exemption, not exceeding one thousand dollars ($1,000) in aggregate value, of implements, professional books, and tools of the trade; and to an exemption of one (1) motor vehicle to the extent of a value not exceeding one thousand five hundred dollars ($1,500).

[2] 11 U.S.C. § 522(m) provides: (m) Subject to the limitation in subsection (b), this section shall apply separately with respect to each debtor in a joint case.