Digital Photos and Website Eligible for Tools-of-the-Trade Exemption.

The debtors, a married couple, operate a photography business that sells digitally manipulated landscape photographs to the public.  The husband was also employed at a separate photo business.  The wife handled all of the accounting, some promotional work and most purchasing decisions for the couple's business.  The debtors filed a joint case, and sought to exempt their digital images and website as a tool-of-the-trade under Kan. Stat. Ann. Sec. 60-2304(e).  The trustee objected on the basis that the images and website were not tangible property as contemplated by the statute.  The court disagreed with the trustee, noting many books, documents and "tools" in today's electronic era are digital and that only the specifically listed items in the statute need be tangible property.  In addition, the court noted that the debtor's wife could exempt the digital images and website herself as tools of the trade of her primary occupation.  The wife had a sufficient ownership interest in the couple's business.  In re Macmillan, No. 14-40965, 2015 Bankr. LEXIS 61 (Bankr. D. Kan. Jan. 9, 2015). 

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