Pets : Horses

[Thea]

If you have a horse that is a pet, can they take him.

[AngelinaCat]

It depends on the state, the exemptions, and whether horses and ponies are considered by your local zoning retrictions as 'livestock' or 'pets'.

There was a very heated conversation some while back by a poster called 'HorseofCourse', as to whether her ten year old daughter could keep her pony and riding lessons through BK. I don't remember which chapter they were trying to do, though I think it was a 13. I also do not know how it worked out. You might want to look for that poster under 'Members' and check it out.

In our state, we had to list our pets and give a value for each. We have three cats who are rescued strays. We listed a value of $1.00 each. Now, as our pets, they are family, and are priceless. But we had to list a value. I guess this is for those who purchase pedigreed animals, and/or raise them for show or sale.

Good luck. BTW, welcome to the forum.

[Horse of Course]

We still haven't filed yet, but we should be filing within the next couple of months. Our lawyer said that our pony would be considered a pet and for us not to worry about it. We will be filing a chapter 7, because we incurred most of our debt while my husband was on active duty with the US Air Force. My husband is now retired from the Air Force and he is a disabled veteran which allows us to file a chapter 7.

I was so worried about my daughter's pony, but I'm not too worried any more. I really like our lawyer and trust him very much.

I wish you the best of luck with your horse!

[epiphany]

You have to determine the value of the horse and whether or not you can exempt him/her. It's sad that we have to put a monetary value on our pets but for example no one is interested in my mutt cats because they are not worth anything to anyone but me. To me, they are priceless.

If your horse is not worthy of showing or resale, then you can rest easy. If he has resale value, make sure you exempt it.

Good luck and thank you for loving animals. What is the horses' name by the way?

ep

[AngelinaCat]

We still haven't filed yet, but we should be filing within the next couple of months. Our lawyer said that our pony would be considered a pet and for us not to worry about it. We will be filing a chapter 7, because we incurred most of our debt while my husband was on active duty with the US Air Force. My husband is now retired from the Air Force and he is a disabled veteran which allows us to file a chapter 7.

I was so worried about my daughter's pony, but I'm not too worried any more. I really like our lawyer and trust him very much.

I wish you the best of luck with your horse!

Hi HoC: I am glad to see you back, and the results so far. Please post more often. Your situation is a good 'reference point' for other posters regarding what can be considered 'farm animals' or 'livestock'.

I couldn't believe it when I had to give a valuation to my three cats. Sheesh!

[AngelinaCatHub]

We still haven't filed yet, but we should be filing within the next couple of months. Our lawyer said that our pony would be considered a pet and for us not to worry about it. We will be filing a chapter 7, because we incurred most of our debt while my husband was on active duty with the US Air Force. My husband is now retired from the Air Force and he is a disabled veteran which allows us to file a chapter 7.

I was so worried about my daughter's pony, but I'm not too worried any more. I really like our lawyer and trust him very much.

I wish you the best of luck with your horse!

Thank your DH for protecting us. If they attempted to harm your daughters pet, I would be the first to be in D.C. at the gate or over the fence of the White House about this.

Blessed is he and you.

[Mische]

Hi HoC: I am glad to see you back, and the results so far. Please post more often. Your situation is a good 'reference point' for other posters regarding what can be considered 'farm animals' or 'livestock'.

I couldn't believe it when I had to give a valuation to my three cats. Sheesh!

Yeah, I know. It's disheartening to see how even your pets are affected by this.

[frustrated7]

When our attorney went over that section with us, he said only exotic animals or pure-bred animals need to be considered. We told him we have four cats we rescued from the animal shelter, and he said that was not what they were looking for in the BK forms.

[HHM]

Horses can be tricky in BK. Generally, the issue is not so much the horse as an asset...unless this is prize breeder etc, horses have little monetary value. (or so I am told). The problem in BK is the expense related to upkeep. The few people I have dealt with around the country who owned horses put that number around $500-$1000 per month. Thus, the question becomes, is such an expense a necessary family or household expense.

Now, if you would be a chapter 7 notwithstanding the horse expense, then its a non-issue (i.e. even if you didn't pay the horse expense, you would still have negative net income). But, if the UST finds that without the horse expense you would have some disposable income, the trustee would probably object and you could be a chapter 13; thus you could have some problems, and there is no cut and dray argument.

About the best you can do (short of finding specific case law in your district or circuit) is argue that it would be inhumane to not allow the expense. In essence, you make a "practical" argument to the judge...you can't sell the horse, and the horse needs to be taken care of (The BK estate does not want to pay for it)...what practically should be done? Your honor, I do not think it was the intent of the BK law to put down animals in order to pay creditors...etc etc.

[OhioFiler]

When our attorney went over that section with us, he said only exotic animals or pure-bred animals need to be considered. We told him we have four cats we rescued from the animal shelter, and he said that was not what they were looking for in the BK forms.

We have 4 pure-bred dogs but all are rescues. None are AKC registered and none have the capacity for reproduction. I'm hoping they're not worth much though I'm sure my lovely wife would smack me for saying that!

[limage]

I spoke to my attorney regarding this exact problem in keeping my horse in my Ch 7.

I plan on filing in a few weeks. A couple of months ago I had my parents start paying his board. I still buy a few things for him, but nothing excessive. If the trustee asks, I plan to tell him my parents are ready to assume all of his expenses (and they are) and buy him from the trustee in order for him to stay in the family. I don't know how they will determine his value, but I am going to stick with nothing considering the economy and horse market (you can hardly give then away) and that he is a cherished family pet (and he is).

[queenfluff]

I was worried about this too when I started this. I saw a documentary on Bankruptcy some guy filing out the forms and it said "Animals" on it. Jokingly in the documentary, he asked his kitty sitting next to him what she was worth.

I was like "What?" - I worried I would lose my kitties.

But I found out that the Animals section is for Animals you can sell like livestock. They aren't interested in our mutt pets.

I think if you owned like a show pet and it makes money for you than it might be different. If you are the owner of the Taco Bell dog or the Fancy Feast cat, you might have a situation there.

I could definatley see how a horse might be a bit tricky. Farmers sell horses and horses can be expensive prize winners but they are also pets.

Even if your pets are a pure-breed as long as he or she doesn't value at a price and is just a pet, you don't have to be worried. Pets cost us money to take care of and they don't bring in anything tangible. It is all intangibles.

People are trying to give their pets away right now because with the economy they can't afford to take care of them. Pure-breds and mutts alike. Just take a look at your local craigslist in the community section. It is very sad.

I have three shelter cats. To me they are priceless. My lawyer said to list them at $0 value which is good than I get to keep them. Make sure you list the pet care expenses on your forms when you file. I put it under other as there wasn't really a line for it.

My bf said jokingly said if they took my kitties they would probably want to give them back because they can be more trouble than they are worth. Ha ha!