[CLBS] motor vehicle exemption

[Patrick Geile]

Given the recent cases on operable vehicles I think the trustee may prevail, but it is an issue that really needs to go up to the district court for some clarification.  Most of the legislative history and older cases had to do with 4 wheelers.  I get that people shouldn't be going down the freeway on a 4 wheeler, but not registered, no battery, what if it is out of gas?

What if the debtor can't afford registration...........



Patrick J. Geile
Foley Freeman PLLC
(208) 947-1563

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Shawn Miller
Sent: Wednesday, March 4, 2020 4:27 PM
To: Bankruptcy list <clbs at admws.idaho.gov>
Subject: [CLBS] motor vehicle exemption

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
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