[CLBS] "un"titled vehicles

[Jeremy J. Gugino]

Agree. 

Check out Gugino v. Canyon Financial on the written decisions page.  It may
give you some insight re: ownership of a vehicle when the owner's name is
not on the title.  It may not be directly applicable to your situation, but
it may be helpful in understanding the issue.  

Jeremy J. Gugino
Ch. 7 Trustee
410 S. Orchard Street, Suite 144
Boise, ID 83705
208-342-1590


-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On
Behalf Of Randal French
Sent: Monday, May 21, 2012 9:39 AM
To: Rocky Wixom; clbs at admws.idaho.gov
Subject: RE: [CLBS] "un"titled vehicles

Seems like somebody ought to sue the insurance company for practicing law
without a license, but that is not your question.  I agree that both of the
trucks are part of the estate.  I would think that you can use exemptions on
each.  I do not agree that the titles are blank titles.  Using an assumed
business name does not make for a non-existent entity.  It is just a
different name for the individual identified on the cert of assumed business
name.  In my view, the title is no different than if it had client's name or
client's name dba ABC Drywall.  Unless the cert of assumed business name is
revoked, it is a different name for the owner.  Even if it is revoked, it is
evidence of the real owner, the sole proprietor.  The son likely has no
interest in either truck.

-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On
Behalf Of Rocky Wixom
Sent: Monday, May 21, 2012 10:02 AM
To: clbs
Subject: [CLBS] "un"titled vehicles


Facts: married client owns a drywall business. It is a sole
proprietorship and his son works with him.   They each purchase a
truck several years ago. When they bought the trucks the insurance company
said they needed to hold title in the business name.  Client registers an
assumed business name with the state and lists that business name (e.g. ABC
Drywall) on the titles, registration and insurance.  However the business
always has been and continues to be a sole proprietorship.

Question: if we file a 7 are the vehicles properly exemptable under the
vehicle exemptions of $7,000 each?

Here the name on title is a non-existent entity but they were purchased for
and used for the sole proprietorship.  Client paid for both his and part of
son's truck. My client has physical possession of both titles.

Seems like they are property of the estate.  The name on title is not a real
entity so as long as my client has possession of the vehicles it seems the
same as if he were holding to blank titles.

???,   Rocky




--
Rocky L. Wixom, Attorney at Law
(208) 542-5298

Wixom Law Office, Inc.
PO Box 51334
Idaho Falls, Idaho  83405

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