Defintion of "Vehicle" for exemption purposes

[albacore44]

is there anywhere in the code that defines what a vehicle is for the purposes of exempting the allowed $$$ value allowed in whichever state you are filing ?? Common thinking would be it means a car, but could it be motorcycle etc. ?? Just curious.

[albacore44]

no answers yet

No answers yet ?? I have been reschearching and all i can find is a person is exempted x $$$ equity in a "Motor vehicle". In my thinking a "motor vehicle" would be any mode of transportation with a motor. that should include a car, truck,motorized boat, motor home, motorcycle etc. anyone used this exemption to protect any of the above, other than a car ??

[HHM]

It sort of depends on the circumstances. Generally, the rule is, you get one vehicle per licensed driver. Why don't you fill us in on your SPECIFIC situation and then we can be of more help.

[justbroke]

is there anywhere in the code that defines what a vehicle is for the purposes of exempting the allowed $$$ value allowed in whichever state you are filing ?? Common thinking would be it means a car, but could it be motorcycle etc. ?? Just curious.

As HHM asked, what is your specific situation? Are you trying to include a motor boat? (The 5th Circuit and other courts have found that a motor boat is not a "motor vehicle".)

I would say that the definition of vehicle may be subject to underlying State law.

As an aside, 49 U.S.C. 30102(a)(6) defines "motor vehicle" as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads and highways, but does not include a vehicle operated only on a rail line." Since the Bankruptcy Code doesn't define "motor vehicle", I would guess they would lean to how it's defined in other parts of the USC.

[albacore44]

Well I have 1 car/1 truck 2 payments and probably 0 equity in both using PP blue book value. so I would assume that would free up my "motor Vehicle" exemption to use for another "Motor Vehicle" up to the allowed $$$ value of the California exemption. I have 2 ATV's. both are vehicles, and both have motors. They are for off road use. They are paid off and have no lein. Just using some creative thinking so I don't have to use part of my wild card to protect them.

I did find some case law in Ohio, judge ruling that the definition of a motor vehicle, is any vehicle capable of transportation using a motor, execpt a trolly car attached to a cable.

[justbroke]

Well I have 1 car/1 truck 2 payments and probably 0 equity in both using PP blue book value. so I would assume that would free up my "motor Vehicle" exemption to use for another "Motor Vehicle" up to the allowed $$$ value of the California exemption. I have 2 ATV's. both are vehicles, and both have motors. They are for off road use. They are paid off and have no lein. Just using some creative thinking so I don't have to use part of my wild card to protect them.

Interesting.

I did find some case law in Ohio, judge ruling that the definition of a motor vehicle, is any vehicle capable of transportation using a motor, execpt a trolly car attached to a cable.

See if an ATV fits the definition of "motor vehicle". Are you using California (System 1/2) Exemptions? How does the State of California (in the state statutes) identify / define a "motor vehicle"?

(I looked for you, but that's Ohio law. That doesn't fit the Federal definition, above.)

OHIO R. C. 4501.01 Motor vehicles definitions.
.
.
(B) “Motor vehicle” means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. “Motor vehicle” does not include utility vehicles as defined in division (VV) of this section, motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.

**Okay, I looked up California too...

(a) A “motor vehicle” is a vehicle that is self-propelled.
(b) “Motor vehicle” does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.
(c) For purposes of Chapter 6 (commencing with Section 3000) of Division 2, “motor vehicle” includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper.

[albacore44]

good

I plan on using system 2. and from what I have read I can double the vehicle exemption, meaning 2 vehicles.

The way I read the Ca state statutes, and ATV should qualify as a "motor vehicle"

Thanks for the help.

[HHM]

Good luck with that. I think you might be in for somewhat of a fight since using the Motor Vehicle exemption on ATV's doesn't really pass the wink-wink, nod-nod test

But, if you get a debtor friendly judge, it might work and you have a decent argument using CA definition of motor vehicle.