[CNYBBA-LISTSERV] June 28 Means Test seminar

[Ruth Babbitt]

Dear Michelle:

One of the peripheral issues raised in the litigation before Judge Gerling
concerning the 2005 homestead exemption amendment involved a question of the
application of the constitutional requirement that bankruptcy legislation be
uniform. The seminal case on this is Hanover National Bank v. Moyses, 186
U.S. 181 (1902). That case resolved the question, whether the uniformity
requirement would permit a bankruptcy statute that relied on a multiplicity
of state created exemptions or, whether a state law exemptions or required a
uniform national exemption scheme was necessary. I have not been able to
square the Hanover National Bank holding with the Means Test inasmuch as the
Means Test draws various distinctions on quasi-national (excepting Alaska
and Hawaii), regional, state and county bases. The principle established by
Hanover National Bank was that even though each state's exemption scheme
differed, there was an underlying uniformity because in bankruptcy creditors
were given in each state all they would have recovered had there been no
bankruptcy. I do not see in the Means Test a similar uniformity. This,
though, is probably beyond the scope of the topic as Guy envisions it; and
probably would not be of general interest.

-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 mcmarans at aol.com
  Sent: Thursday, June 01, 2006 4:37 PM
  To: cnybba at cnybba.org
  Cc: Guy.A.VanBaalen at usdoj.gov; Sherry.Doran at usdoj.gov
  Subject: [CNYBBA-LISTSERV] June 28 Means Test seminar


  Guy Van Baalen has asked me to solicit questions for the  CNYBBA seminar
on June 28 seminar on the Means Test.  Please post your questions on the
listserv as Guy is a subscriber and will make note of your questions.
Alternatively, you may e-mail Guy.A.VanBaalen at usdoj.gov or
Sherry.Doran at usdoj.gov directly with your questions.

  Thanks.

  Michelle C. Marans, Esq.
  Edward J. Fintel & Associates
  430 E. Genesee St., Ste. 205
  PO Box 6451
  Syracuse, NY 13217-6451
  Telephone: 315-424-8252
  Facsimile: 315-424-7990



  -----Original Message-----
  From: erin <erin at bcbattorneys.com>
  To: CNYBBA at cnybba.org
  Sent: Thu, 1 Jun 2006 15:36:34 -0400
  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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