[CNYBBA-LISTSERV] cram down question

[erin]

Maybe, but a camper is certainly not primarily used for roads and highways.
  ----- Original Message ----- 
  From: Louis L. Levine 
  To: Central New York Bankruptcy Bar Association 
  Sent: Monday, June 05, 2006 10:55 AM
  Subject: Re: [CNYBBA-LISTSERV] cram down question


  does "drawn" mean "pulled"? if so it would seem that anything that gets attached to a hitch on a motorized vehicle is a motor vehicle as well, so the camper would be an MV

  MELVIN & MELVIN, PLLC 
  Louis Levine, Esq. 
  217 South Salina Street 
  Seventh Floor 
  Syracuse, New York 13202 
  315-422-1311 voice 
  315-479-7612 fax 
  llevine at melvinlaw.com 

    -----Original Message-----
    From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org]On Behalf Of erin
    Sent: Monday, June 05, 2006 10:31 AM
    To: Central New York Bankruptcy Bar Association
    Subject: Re: [CNYBBA-LISTSERV] cram down question


    Thanks.  That helps!
      ----- Original Message ----- 
      From: Ruth Babbitt 
      To: Central New York Bankruptcy Bar Association 
      Sent: Monday, June 05, 2006 10:40 AM
      Subject: Re: [CNYBBA-LISTSERV] cram down question


      Under the undesignated paragraph following 11 U.S.C. Section 1325(a)(9), "motor vehicle" is defined by reference to 49 U.S.C. Section 30102(a)(6).  49 U.S.C. Section 30102(a)(6) defines "motor vehicle" to mean "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line." 

      -Ed Crossmore

      Ruth Babbitt 
      Secretary to Edward Y. Crossmore, Esq. 
      The Crossmore Law Office 
      115 West Green Street 
      Ithaca, New York  14850 
      Tel.:  (607) 273-5787 
      Fax:  (607) 273-0291 

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        -----Original Message-----
        From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org]On Behalf Of erin
        Sent: Thursday, June 01, 2006 3:37 PM
        To: CNYBBA at cnybba.org
        Subject: [CNYBBA-LISTSERV] cram down question


        What's the consensus on cramming down a pop-up travel camper purchased within 910 days of filing?  Is it considered a motor vehicle for puposes under the new 1325(a)?  Is it a "motor vehicle"?  I note that it a tow-hitch camper, not one that can be driven on its own.


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