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IN RE DEMARTINI

June 2, 1976

In the Matter of Robert DeMARTINI, Bankrupt


The opinion of the court was delivered by: BRIEANT

MEMORANDUM AND ORDER

 BRIEANT, District Judge.

 This appeal from an order of Hon. John J. Galgay, Bankruptcy Judge, made March 3, 1976, presents a purely legal question: Is a used color television set exempt property of a householder bankrupt pursuant to § 5205(a), New York CPLR, applicable here by 11 U.S.C. § 24? The learned Bankruptcy Judge held that it was exempt as "necessary household furniture."

 Believing this to be an unduly expansive construction of the New York statute, upon which this exemption depends for its vitality, we reverse.

 The relevant statutory provision is:

 
"§ 5205. Personal property exempt from application to the satisfaction of money judgments
 
(a) Woman's and householder's exemption. The following personal property when owned by a woman or householder is exempt from application to the satisfaction of a money judgment . . .:
 
1. all stoves kept for use in the judgment debtor's dwelling house and necessary fuel therefor for sixty days; one sewing machine with its appurtenances;
 
2. the family bible, family pictures, and school books used by the judgment debtor or in the family; and other books, not exceeding fifty dollars in value, kept and used as part of the family or judgment debtor's library;
 
3. a seat or pew occupied by the judgment debtor or the family in a place of public worship;
 
4. domestic animals with the necessary food for those animals for sixty days, provided that the total value of such animals and food does not exceed four hundred fifty dollars; all necessary food actually provided for the use of the judgment debtor or his family for sixty days;
 
5. all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, crockery, tableware and cooking utensils necessary for the judgment debtor and the family;
 
6. a wedding ring; a watch not exceeding thirty-five dollars in value; and
 
7. necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library, not exceeding six hundred dollars in value, together with the necessary food for the team for sixty days, provided, however, that the articles specified in this paragraph ...

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