[CLBS] motor vehicle exemption

Shawn Miller shawngmillerlaw at gmail.com
Wed Mar 4 16:27:17 MST 2020


Client has an old ford pick up that was not registered prior to filing the
bk.  Trustee has objected to 11-605(3) because the vehicle was not
registered at the time of filing and therefore could not be operated
lawfully on Idaho highways. Trustee cites In Re Sanders, 03.1 I.B.C.R. 57
(Bankr. D. Idaho 2003) to support his objection.  The case deals with a
debtor trying to exempt a motor cycle and my reading of the case seems to
only apply to ATV's or other vehicles who's intended purpose is off road
use.  I havn't seen this argument applied to a normal street legal truck.
Does the trustee have a leg to stand on? Any insights would be appreciated.

-- 
Miller Law PLLC
6901 W. Emerald St. Ste 203
Boise, ID 83704
Phone: 208-901-1647
Fax:208-906-8667
Email:  shawngmillerlaw at gmail.com

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