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?
I am attaching a link to Arizona Exemptions. It is possible that the fence could be considered a fixture, but it depends.
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Chapter 7 Bankruptcy Attorney
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!
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.
Criminal Defense Attorney
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.
Chapter 7 Bankruptcy Attorney
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.
1845 S. Dobson Rd. Ste 201
Mesa, AZ 85202
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 advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a idea of what you might do and how it may turn out.