[CLBS] motor vehicle exemption

[Paul Ross]

In re Haworth is the case that restarted this line of objections.
https://www.id.uscourts.gov/content_fetcher/decision.cfml/In_re_Haworth_3337.pdf?Decision_ID=3337

Unfortunately, the current legislative fixes in the works will not likely
resolve this issue.  The question is whether a vehicle can legally be
driven.

Paul

On Wed, Mar 4, 2020 at 4:36 PM Patrick Geile <PGeile at foleyfreeman.com>
wrote:

> 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
> 6901 W. Emerald St. Ste 203
> Boise, ID 83704
> Phone: 208-901-1647
> Fax:208-906-8667
> Email:  shawngmillerlaw at gmail.com
>
> *ATTENTION*:  This email and any attachments are intended for the
> addressee only and may contain legally privileged or confidential
> information.  If you are not the intended recipient of this email,
> disregard and delete it immediately.  Any unauthorized use or
> dissemination  is strictly prohibited.  If you have received this message
> in error please contact the sender at the email address provided above.
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
>


-- 
Idaho Bankruptcy Law
T: (208) 219-7997
F: (208) 416-6996

This communication is intended for the party above.  If this e-mail has
been sent to you by mistake, please notify me immediately.  This
information is private and is confidential and unauthorized use can impose
penalties and liabilities.  A client-attorney relationship is not created
without a signed agreement and should not be construed as legal advice
without such an agreement.