Can you keep construction work truck w/tools of trade exempt from (chapter 7) and also keep 2 means of transportation allowed?

Bankruptcy and Debt 2 views 3 answers
They allow you to keep a vehicle of 5000 or less and another to reafirm debt to keep for transportation. Have 3 construction work trucks needed to find out if I can keep one truck with tools from jobsite to jobsite to maintain a living as they state "tools of the trade exemption".

Attorney Answers

3
Diane Drain ·
The Arizona exemptions allow each person to exempt up to $5,000 in a motor vehicle, or $10,000 if you are handicapped. In addition, each person can exempt up to $2500 in tools of the trade. You can combine your exemptions for tools of the trade - giving you $5,000 (if two adults). A link to exemptions is attached. Of course, this assumes you lived in Arizona for at least the last 2 years. Make sure to talk to a competent bankruptcy attorney because normally there are methods to secure debt on the non-exempt portion of an asset.
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Thomas John CestaBankruptcy AttorneyMesa, AZ ·
What you can list as exempt and what you can keep not only depends on more factors than you have stated (i.e. Joint filing?, liens against vehicles/property) but also what you are willing to do to keep it. You should consider a consultation with a bankruptcy attorney to get a full review. Most bankruptcy firms, like ours, offer a free consult.
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James Webster ·
I agree with Attorney Diane Drain. I anticipate one more question, that is, can i put my vehicle exemption together with my tools of the trade exemption for an amount of $7,500 (if not disabled)? The answer is no. It is vehicle exemption or tools of the trade exemption. When you use the tools of the trade exemption on a vehicle, Trustee's are prone to challenging the exemption. Additionally, the issues regarding liens will play a role. To be safe, I would hire an attorney.
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