United States Ninth Circuit
In re Angie M. Garcia, 11-56076
District court's remand to the bankruptcy court for a factual determination as to whether debtor's vehicle qualifies as a tool of her trade is affirmed, where: 1) a motor vehicle may fall within California's "wildcard" or "grubstake" exemption under California Civil Procedure Code section 703.140(b)(5); and 2) if an exempt vehicle is a tool of the debtor's trade and is secured by a nonpossessory, nonpurchase-money lien, then the debtor can avoid the lien pursuant to 11 U.S.C. section 522(f)(1)(B).
Appellate Information
- Decided 03/05/2013
- Published 03/05/2013
Judges
- SILVERMAN
Court
- United States Ninth Circuit