Legal Question in Bankruptcy in Minnesota

I would take a closer look at Minnesota statute 168.002. It defines both a motor vehicle and a trailer. This may indicate to the bankruptcy court that a trailer should not be considered a motor vehicle.

I cannot tell you whether or not the trustee will allow your exemption. However, you should decide whether you are filing under Minnesota or Federal exemptions. In Minnesota, you can choose between either Minnesota exemptions or federal exemptions. You may be able to fit the trailer under another exemption (eg: wildcard exemption), and avoid this issue entirely.

Please understand that I have given no legal advice, but only general information. I would advise consulting with an attorney to file your bankruptcy.

Best regards,

I personally would not try to exempt that trailer under anything other than the wild card.

Trying to figure out the law on your own can be a dangerous thing. These matters are not always just only a question of what the law says. I know that if I tried something overly creative, I would anger the trustee. Once you do that, watch out. If the trustee can't win on the one question, he or she will scrutinize the case until they find something else to give you trouble about. It's not worth trying to be too smart. Some trustees are worse than others, but you can't control who that trustee is going to be.

Find a good bankruptcy lawyer who knows what works and what doesn't, and follow that person's advice. Lincoln was right when he said that he who represents himself has a fool for a client.

This is for general information purposes only, is not legal advice, and does not create an attorney-client relationship.