[CNYBBA-LISTSERV] cram down question

[erin]

But its main purpose isn't to drive it around!  It's use is best accomplished when parked- for leisure!  And for some sad cases, a home!
  ----- Original Message ----- 
  From: Louis L. Levine 
  To: Central New York Bankruptcy Bar Association 
  Sent: Monday, June 05, 2006 1:00 PM
  Subject: Re: [CNYBBA-LISTSERV] cram down question


  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. 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 

          This e-mail message is confidential, intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you have received this message in error, or are not the named recipient(s), please immediately notify the sender at (607) 273-5787 and delete this e-mail message from your computer. Thank you.

            -----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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