Trustee's Discretion...Exceptions...etc???

[mkuki]

Ok, so I re-did my tax return and I'm still getting a HUGE refund...and decided to stop "scheming"

My question is,...Since I have a toddler with a disability (non-ambulatory), we are evaluating a possible motorized wheelchair, which will definately need a van for transportation.

Suppose we get a used Honda Odyssey for 8-10K (hopefully 2004-2005), and get it modified (spend more $$) with a manual ramp before BK filing. Can we argue that we need this for his special needs, and therefore be allowed to keep it, even though the federal exemptions for a vehicle is $3,225?

Can we also use homestead exemption of $10K(?) in the wildcard section to save the van from being grabbed by the trustee?...or are we fully at the mercy of the trustee?

[StartingOver08]

You are at the mercy of the Trustee. The Trustee is not there to listen to the debtors, they are there to find money to pay to the creditors.

Anything like this that is a special medical need, you should speak to your attorney to find out how the Trustee will view it. Your attorney may have experience with a similar case in the district or know of a similar case and its result.

[MNBK7guy]

Minnesota has a special exemption for a vehicle modified for the disabled. The standard vehicle exemption is $3,800, but for a vehicle modified for a disabled person, the exemption is $38,000. You may want to check into your states exemptions.

[DivorceRuinedMe]

Yes, DEFINITELY talk to your attorney on this one. My attorney told me about a case that she lost where a debtor had to give their specially modified vehicle to the trustee b/c they couldn't cover it under exemptions (FL is stingy with only a 1K exemption for autos) and the trustee did not care one bit that this disabled person needed it. It was heartbreaking and my attorney was very upset about it. She told me about the story after I was lamenting to her about my engagement ring that the trustee was taking at the time. She said it could be worse and told me about that other poor person's vehicle.

[mkuki]

Minnesota has a special exemption for a vehicle modified for the disabled...$38,000. You may want to check into your states exemptions.

Thanks! good to know. I will shoot an email to my BK lawyer to see if there is a "special" exemption

Yes, DEFINITELY talk to your attorney on this one. My attorney told me about a case that she lost where a debtor had to give their specially modified vehicle to the trustee b/c they couldn't cover it under exemptions ...

I spoke with the attorney earlier today and while there was no mention of the "special" exemption for a disability vehicle, he pointed out that the MA allows me to keep about 10K under the federal exemption homestead clause, and also, he felt it was ok to get a van - and title it under me & my wife's name - that way, we hedge on the objecting if the trustee becomes an a-hole.

I'm I correct in assuming that my wife's property cannot be touched, since she is not listed on ANY of my debts?