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2 computers in chapter 7

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    #31
    It doesn't contradict itself. If you re-read you see that a computer that is not included as a household good reads... "except as otherwise provided for in this section". There's a difference between a personal computer and a server. A server is a computer, but is much more sophisticated, has more memory, storage, and speed. A server could easily cost $10,000 or much much more with some servers, which are computers, costing 100s of thousands of dollars.

    This is why we hire an attorney so we understand what "except as otherwise provided for" means in the context of a rule or statute.

    I think that, perhaps, it could mean "hey look, this is what is not included in the definition of household goods." Then it goes further to say, computers aren't personal property, unless they are included somewhere else in this part of the code. It delegates the treatment of computers to any other part of that section (of the code) which may or may not include a computer.

    The language is even more twisted because "1 personal computer" is included under a section which reads "[s]ubject to subparagraph (B), for purposes of paragraph (1)(B), the term "household goods" means..." Yes the law is twisted and there are turns, and you have to follow the turns and watch for the twists. I see paragraph "B" as restricting what is a "household good" to close a loophole.

    For example, "B" specifically excludes watercraft .. probably because paragraph "A" says that your personal effects are "household goods." I could use a loophole to say my $10,000 jetski is a personal effect under the "hobby equipment" part of the exemption. Just think that "B" makes sure I don't do that!

    (Edited to add that there are some "personal" computers that can exceed $10,000 such as high-end the Apple Mac Pro. I think the code was making a distinction between a computer used for personal use and a much more power purpose-built computer such as a server. But consider that a sophisticated computer server may be "tools of the trade" so may fit another exemption.)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #32
      Yeah i caught that it 're-allows' it in "B" as i wrote 'almost seems to contradict'. Its fun googling case law for these choice phrases to see how its been argued one way or another. Bottom line its a good thing that in 2022 we can exempt 1 tv, radio, and vcr! VHS or betamax? I may have both..decisions, decisions... ;)

      Yes lawyers sure do love to wrangle over legal linguistics. "Depends on what the meaning of the word is, is"

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