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Can I use wildcard for additional vehicles?

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  • Can I use wildcard for additional vehicles?

    I just finished going over changes to paperwork for meeting w/attorney tomorrow. We're filing BK7 this month. The only possessions we have worth anything unfortunately all have wheels (wish I could categorize them as yard art).

    We have $3,000 ea for vehicle exemption:
    DH will use his for the motorhome ($3,200 value)
    I will use mine for my car ($3207 value)

    Non-exempt vehicles are:
    motorcycle ($400 value)
    trailer ($400 value)
    truck (1,090 value)

    We have $400 wild card in Oregon: "Other personal property: $400 interest in any personal property but cannot be used to increase the amount of any other exemption." Does this mean the wild card can't be used for any vehicles at all, or just that it can't be used to increase the exemption on a particular vehicle (i.e., the motorhome or my car)? I thought I could use it for the motorcycle and trailer, but the paperwork doesn't reflect that.
    BK7 Filed 7/10/12 • 341 8/15/12 • Discharged 10/17/12 • Closed 5/6/13 Thanks to everyone here!

  • #2
    From your example, the wildcard of $400 could be used for the motorcycle or the trailer but not to increase the amount of your vehicle exemption. You and hubby appear to each get a $400 wild card from the info here: http://www.legalconsumer.com/bankrup...-law.php?ST=OR Your lawyer can tell you best though!!!

    Good luck with your filing!!
    Last edited by ValleYum; 07-09-2012, 03:30 AM.
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

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    • #3
      Just got back from the attorney office. Filing tomorrow!

      She said since the motorcycle and trailer are vehicles, and we already used the allowed exemption for vehicles that the trustee probably won't accept the wild card exemption for them. She also said claiming the motorhome as a vehicle exemption was kind of iffy too. (The motorhome is more of a vehicle than the trailer in my mind.) She said it's really up to the trustee, but she did put them in anyway.

      It's not a big deal, because I owe taxes so if I have to pay for the non-exempt vehicles most of it will go toward that. It does seem pretty weird though.
      BK7 Filed 7/10/12 • 341 8/15/12 • Discharged 10/17/12 • Closed 5/6/13 Thanks to everyone here!

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      • #4
        Interesting to know. Sounds like she is fairly conservative and that isn't always a bad thing.


        CONGRATS on filing tomorrow. Yay!! Triple check EVERYTHING on your petition BEFORE you sign.
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

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        • #5
          Update: Trustee is not allowing the wild card exemption on the motorcycle, he called it stacking since we already have a vehicle exemption. It doesn't seem clear the way the rules are written.

          I thought stacking would be if you tried to add the wild card to the vehicle exemption on the same vehicle. I thought the wild card could be used on any other personal possession. It's just frustrating because we have very very little possessions and the small motorcycle is used by DH pretty often to save gas. Oh well.
          BK7 Filed 7/10/12 • 341 8/15/12 • Discharged 10/17/12 • Closed 5/6/13 Thanks to everyone here!

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