I have a question about a hot tub in chapter 7

[missdooly]

We own a hot tub with no liens and are about to file for 7. It's relatively new and was a gift from family due to my husband's severe back problems. Is that surrendered? It's portable but hard wired. What is the value of those things once they are used. As far as the rest of our personal property, we are under our NY state's exemption. We just don't have much of anything else that is worth anything. My attorney who is also a trustee had mentioned that some assets are just not worth seizing due to cost and resale value. I just like to know what to expect. Thanks in advance.

[debee]

No experience with hot tubs in particular, but I did read that old pianos are unlikely to be taken by the trustee because they are cumbersome and expensive to move. I think a hot tub would fall into the same category.

To determine prices, you could check craigslist. Valuations should be "garage sale" amounts.

Not sure, and probably not necessary, but you could also see if your husband's doc would back you on the hot tub treatment. If it's recommended by the doc, you could try to exempt it under medical aid/equipment if such an exemption exists in your state.

[AngelinaCatHub]

A very simple solution. You said for your husbands bad back. Did the doctor recommend that? If so, get a photo copy of his medical notation in his med file. It is not a hot tub per se if used for medical reasons. My Mrs. had back surgery and still uses the hot tub for relief of minor pain now. 'Hub

[tobee43]

we had a 10 person hot tub we just left at the house we surrendered so we had no problem.....we never mentioned it as an "asset" although it was extremely expensive and paid for in full years prior....i guess i just never thought about it.

it's the banks now anyway when they finally decide to foreclose. however, just thinking about it....a HUGE part of a fence would have to be taken down.....a HUGE flat bed would have to be hired....then all the electric and plumbing would have to be addressed...i really think way to much of a headache than an asset.

[backtoschool]

We own a hot tub with no liens and are about to file for 7. It's relatively new and was a gift from family due to my husband's severe back problems. Is that surrendered? It's portable but hard wired. What is the value of those things once they are used. As far as the rest of our personal property, we are under our NY state's exemption. We just don't have much of anything else that is worth anything. My attorney who is also a trustee had mentioned that some assets are just not worth seizing due to cost and resale value. I just like to know what to expect. Thanks in advance.

The easiest thing to do would be to include it in your household goods exemption at garage sale/craig's list used value. You could try to buy it back from the trustee, but I think it should fall well within your allowed household good exemptions or a wildcard.

[oregonpilot]

Wouldn't it be considered part of the home with it being hard wired in..kinda like a dishwasher is hard wired in???

[backtoschool]

Wouldn't it be considered part of the home with it being hard wired in..kinda like a dishwasher is hard wired in???

A lot of districts consider appliances as separate from the house.

[AngelinaCatHub]

Wouldn't it be considered part of the home with it being hard wired in..kinda like a dishwasher is hard wired in???

It's a yes and a no on the portability. As B2S said it is as an appliance. Definition, a large window air is a personal item. Central air is an "improvement". An above ground swimming pool is a yard toy, an in ground pool is an improvement.

If a breaker can be turned off, the wire disconnected without the bother of a permit, it is not an "improvement" even hard wired or plumbed.

As mentioned, if it's purpose was therapeutic have your doctor give a script for it or get his notes regarding his aid in health. 'Hub

[missdooly]

I do know about the "portability" word in the world of real estate. Yes, hard wired and yes can be turned off with a breaker with no permit required for removal. If the darn thing had cement around it, that would be a no brainer. We will not have to lose our home. We are under the $50K in equity of the home. When I mentioned the hot tub to the attorney/trustee that he is also, he said "oh, I don't care about that". Hmmmm. He's more interested in the welfare of my car that I will have to buy back. Can't claim that as a wild card since I'm taking the homestead. Oh, on the medical excuse....dunno if I can pull that one off. I did not include the hot tub or portion thereof as an exemption on my tax returns in the previous couple of years that I've owned it. That would be the first thing out of my mouth as the trustee, but I could see if the doc can help. We're not trying to buck the system. Water therapy just really does the trick. Thanks everybody

[LaurieM]

I could not imagine any trustee being interested in a used hot tub. We include things like that in our "household goods" category - we word is generically as follows:

Household goods including but not limited to: couch, chairs, tables, ___ older televisions, lamps, nic nacs, inexpensive pieces of art, beds, dressers, linens, dishes, older desktop computer kitchen table/chairs, fridge, stove, washer, dryer, microwave, freezer, dishes, assorted small appliances, utensils, hot tub, hand, yard and garden tools, no one item over $_______ in resale value

(see how we throw the computers, tv's, hot tubs, in there) generic descripition is the key