In Re Holzapfel

¶1 This is an original proceeding brought to this Court pursuant to M. R. App. P. 15(3) on a certified question from the Honorable Ralph B. Kirscher, United States Bankruptcy Judge for the District of Montana. The question of law is: Whether, under Montana’s liberal construction of exemptions, Debtors may claim an exemption in a Yamaha 4 wheel all-terrain vehicle (“ATV”), as a sporting good pursuant to §25-13-609(1), MCA. This Court accepted the certified question on April 19, 2011.

¶2 The undisputed facts, supplied by the Bankruptcy Court, are as follows:

1. Debtors are joint debtors and this…