[CNYBBA-LISTSERV] cram down question

[Louis L. Levine]

au contraire! why would it have wheels? ever seen one being pushed? ever seen one at a camp ground that hadn't been towed there?  the whole point of the camper/fifth wheel thing is to drag your home down the highway like a turtle with wheels; just because the final destination may be off the highway doesn't detract from its main purpose of going over the highway to get there

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 11:06 AM
To: Central New York Bankruptcy Bar Association
Subject: Re: [CNYBBA-LISTSERV] cram down question


Maybe, but a camper is certainly not primarily used for roads and highways.

----- Original Message ----- 
From: Louis L.  <mailto:LLEVINE at melvinlaw.com> Levine 
To: Central New York Bankruptcy Bar  <mailto:cnybba at cnybba.org> 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  <mailto:ruth at crossmore.com> Babbitt 
To: Central New York Bankruptcy Bar  <mailto:cnybba at cnybba.org> 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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