Is chain link fencing on my property exempt from Chapter 7 bankruptcy? Also would it be exempt from a debtors exam ?

Asked over 1 year ago - Glendale, AZ

Is chain link fencing on my property exempt from Chapter 7 bankruptcy? Also would it be exempt from a debtors exam from a civil judgement?

Attorney answers (5)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . The rule is that if something is attached to the property, it can be considered a fixture that is part of the property. If it can be easily removed without damaging the property, it isn't a fixture. I can see removing a chain link fence as making a big mess and would count it as a fixture - but your court may see it differently. Hope this perspective helps!

  2. Diane L Drain

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . I am attaching a link to Arizona Exemptions. It is possible that the fence could be considered a fixture, but it depends.

    Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works. Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy.

    Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don’t assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them – the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney.

    When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of “bankruptcy” attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.

    IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

    This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the... more
  3. Alan D. Walton

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . The fence is property, so it would have to fit within a bankruptcy exemption. It could be part of the homestead exemption if it is considered part of the land. It could fit within a personal property exemption if it is considered not attached. Most bankruptcy cases do not delve so deeply into the value of fencing, so either you are overly concerned, or your fencing is extraordinarily valuable. Do you have miles of fencing or are you talking about a city lot's backyard? Did you spend 20k to install it the week before the bankruptcy? You should consult a local bankruptcy attorney about this, and disclose ALL of the facts about the fence.

  4. Steven W Zachary

    Contributor Level 17

    2

    Lawyers agree

    Answered . The question is if the fence can be considered part of the property. Even so, the trustee would have to decide to take the fence and sell it for the benefit of the community. You should have an attorney work with you to make sure that your position is properly presented.

  5. James Portman Webster

    Contributor Level 15

    2

    Lawyers agree

    Answered . I don't understand your question.

    Are you asking whether people can ask you about the fence in a debtor's exam? Just because property is exempt does not mean you are free from inquiry.

    Even if claim property as exempt, it can be challenged in a couple of ways.

    I would need more information to be helpful.

    Good luck.

    Jim Webster
    www.jpwlegal.com

    1845 S. Dobson Rd. Ste 201
    Mesa, AZ 85202

    (480) 464-4667
    Jim@jpwlegal.com

    We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

    If you live in Arizona, please contact me for actual advice; this is just speculation. It certainly is not legal... more

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