Medical Van exemption

[maybebk]

We are considering BK and meet the requirements for our state. My youngest child is severely disabled and I understand her medical equipment is exempt from counting towards our assets. The one item that is unclear is our medical van. It is worth around $25k. Will this be considered an "asset" for Chapter 7 purposes? It is a full-size van with a dropped floor, wheelchair lift, wheelchair tiedowns, and removable driver and passenger seats. The lawyer I talked to was not certain, but felt that it would be overlooked b/c it is of little worth to anyone without a disability.

Thanks!

[dingdong]

I would think that it would be exempt as medical equipment.

I think most states have unlilmited exemptions for medical equipent.

You might have to have it listed as medical equipment on your schedule.

Is the van paid for, or do you still owe on it?

If it is secured by a loan, you could just reaffirm.

I assume that you have to use the van to transport your son to Dr's appts and the only viable means is the van, correct?

I can't see a judge allowing a Trustee to sell of a van such as yours as an asset when it is an essential part of allowing your son to be active in the outside world ( outside of your home).

Are you able to exempt most everything else?

What is the Trustee going to say to a judge, umm your honor, this asset is worth 25,000. I am going to sell it, so I can get my ass some more money and totally screw the debtor and forever make their lives even more difficult by selling the only means of transportation their disabled son has.

IF he did that , I would personnaly call miss Oprah for you and report his nasty ass to the media!

[maybebk]

We own the van - so no loan. I figure we'd have to be dealing with real jerks to not be able to keep the van. The rest of our assets will not amount to $24k, so we should be good in that regard.

And yes, the van is are ONLY means of transportation for our daughter.

Thanks for the reponse!