Legal Opinion

In Re Semrau

United States Bankruptcy Court, W.D. New York

Decided September 22, 1995No. 1-19-10151PublishedCited by 2 opinions

1Opinion of the Court

CARL L. BUCKI, Bankruptcy Judge.

The issue in this Chapter 13 proceeding is whether the debtors may classify their snowmobiles as motor vehicles entitled to the status of exempt assets.

James and Anne Semrau, the debtors herein, are joint owners of two Polaris snowmobiles. The family automobile, a 1992 Chevrolet Corsica, has no equity, in that it secures obligations which exceed the car’s value. On the other hand, the snowmobiles are unencumbered and allegedly have fair market values, respectively, of $4,000 and $3,000. To preserve for themselves the benefit of as much of this value as…

2Cases cited3 opinions

  1. In Re DipalmaUnited States Bankruptcy Court, D. Massachusetts · 1982
  2. Albany Discount Corp. v. Mohawk National BankNew York Court of Appeals · 1971
  3. In re WilburUnited States Bankruptcy Court, D. Maine · 1982

3Cited by2 opinions

  1. In Re MooreUnited States Bankruptcy Court, W.D. Missouri · 2000
  2. Stanton v. LINCOLN LIFE & ANNUITY CO. OF NEW YORKDistrict Court, W.D. New York · 2010

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