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Crow v. 2010-1 RADC/CADC Venture, LLC

Supreme Court of Wyoming

December 5, 2018

THOMAS L. CROW, Appellant (Defendant),
v.
2010-1 RADC/CADC VENTURE, LLC, a Delaware limited liability company, Appellee (Plaintiff).

          Appeal from the District Court of Teton County The Honorable Timothy C. Day, Judge

          Representing Appellant: Stephen R. Winship, Winship & Winship, P.C., Casper, Wyoming.

          Representing Appellee: Mark D. Sullivan, Mark D. Sullivan, P.C., Wilson, Wyoming.

          Before DAVIS, C.J., and BURKE [*], FOX, KAUTZ, and BOOMGAARDEN, JJ.

          BURKE, JUSTICE.

         [¶1] Appellant, Thomas L. Crow, challenges an order denying his claim that his paintings are statutorily exempt from execution to satisfy a judgment debt. We affirm.

         ISSUE

         [¶2] Did the district court err in concluding that paintings owned by Mr. Crow are not exempt from execution as "pictures" under Wyo. Stat. Ann. § 1-20-106(a)(i)?

         FACTS

         [¶3] In 2013, 2010-1 RADC/CADC Venture, LLC (RADC), obtained a Colorado judgment against Mr. Crow for nearly two million dollars. Later that year, RADC filed the judgment as a foreign judgment in the district court for Teton County, Wyoming, where Mr. Crow owned real and personal property. The matter lay dormant for the next three years.

         [¶4] In 2016, RADC assigned its interest in the judgment to Radiance Capital Receivables Nineteen, LLC (Radiance), and Radiance applied for a writ of execution to be issued against Mr. Crow's "real, personal and equitable" assets located in Teton County. The clerk of court issued the requested writ, and the Teton County Sheriff attached Mr. Crow's property. Included in the attached property are more than 30 works of art, described by Mr. Crow as "primarily framed oil, watercolors and acrylic paintings." These paintings are the subject of this appeal.

         [¶5] Mr. Crow filed an objection to the writ of execution, claiming that:

• All of the attached property was exempt because he owned it jointly with his wife as tenants by the entirety;
• All of the attached property had an aggregate value of no more than four thousand dollars and was therefore exempt under Wyo. Stat. Ann. § 1-20-106(a)(iii), which exempts "[f]urniture, bedding, provisions and other household articles of any kind or character as the debtor may select, not exceeding in all the value of four thousand dollars ($4, 000.00)";
• His 2004 Range Rover was exempt pursuant to Wyo. Stat. Ann. § 1-20-106(a)(iv), which exempts "[t]he value in a motor vehicle not exceeding five thousand dollars ($5, 000.00)"; and
• His "pictures (labeled as 'artwork' listed on Sheriff's inventory)" were exempt under Wyo. Stat. Ann. § 1-20-106(a)(i), which exempts "[t]he family bible, pictures and school books."

         [¶6] Following a hearing, the district court entered an order generally denying the claimed ...


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