IN RE SHARP

BAP No. CO-13-053. Bankruptcy No. 12-21611.

508 B.R. 457 (2014)

In re Melvin Eugene SHARP, also known as Mel Sharp, doing business as Aspen Place Outfitters, LLC, Debtor. Douglas E. Larson, Chapter 7 Trustee, Appellant, v. Melvin Eugene Sharp and United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

Filed April 11, 2014.


Attorney(s) appearing for the Case

John C. Smiley ( Harold G. Morris, Jr. , with him on the brief), of Lindquist & Vennum LLP, Denver, CO, for Appellant.

Michael Jude of JudeLaw, LLC, Denver, CO, for Appellee Melvin Eugene Sharp.

Before KARLIN, JACOBVITZ, and HALL, Bankruptcy Judges.


OPINION

HALL, Bankruptcy Judge.

The bankruptcy trustee seeks reversal by this Court of a bankruptcy court decision allowing the debtor to exempt certain personal property under Colorado's "tools of trade" exemption. The trustee objected to the claimed exemption on the ground that the debtor's business was not a "gainful occupation," as required by the exemption statute, because it was not "profitable" as of the date of the petition. We affirm the bankruptcy...

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