Nicole J Poullath, 658 B.R. 394

Nicole J. Poullath, a Virginia resident with three dependents, filed for Chapter 13 bankruptcy and claimed exemptions in both real and personal property under Virginia Code §§ 34-4 and 34-13.
Poullath claimed $6,263.67 as exempt under § 34-4 (including $1.00 in her primary residence), leaving $24,999 of the possible $25,000 residence exemption unused.
She then used § 34-13 to claim an exemption in personal property (not her residence) up to the remaining $24,999.
The Chapter 13 trustee objected, arguing that the unused $25,000 exemption from § 34-4 could only apply to property used as a primary residence, not other personal property via § 34-13.
The dispute centers on whether § 34-13 allows a debtor to use the unused portion of the § 34-4 residence exemption to exempt non-residential personal property.
The court reviewed statutory language, legislative history, and parties' briefs and oral arguments to resolve the objection.

Issue	Poullath's Argument	Trustee's Argument	Held
Whether § 34-13 allows use of unused § 34-4 residence exemption for personal property not used as a residence	§ 34-13 is an independent exemption statute; allows unused § 34-4 to be used as a wildcard for any personal property	§ 34-13 is not an exemption statute; any use via cross-reference is limited by § 34-4's “residence” restriction	§ 34-13 is an exemption statute; it permits using unused § 34-4 amount for any personal property

Boos v. Barry, 485 U.S. 312 (1988) (courts cannot read into statutes limitations not present in the text)
Smith v. Virginia, 718 S.E.2d 452 (Va. 2011) (plain and unambiguous statutory terms must be applied according to their plain meaning)
In re Ross, 637 B.R. 460 (Bankr. W.D. Va. 2021) (courts should not read restrictions into exemption statutes not present in the statutory language)