Section 522(f) and the Distinction Between Tractors and Mowers: Which Way Does the Law(n) Cut?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

The seeds of a recent dispute are found in §522(f)(4)(B)(v), which specifically excludes a “motor vehicle (including a tractor or lawn tractor)” from the term “household goods”. In the decision In re Evans, 2016 WL 1238853, 2016 Bankr. LEXIS 1012 (Bankr. N.D. Miss. March 29, 2016), creditor Republic Finance fought the lawn, and the lawn won.

Bankruptcy Judge Jason D. Woodard determined that a 12 horse power riding lawn mower – even one that is outstanding in . . .

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In re Lazaro: Non-Monetary Default and § 1322(b)(5)

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Can a debtor provide for a non-debtor’s loan under § 1322(b)(5) even if the plan does not address a non-monetary default on the claim? In re Lazaro suggests the answer may be “yes.” In that case, the Court held not only that the Debtor’s plan could provide to cure a monetary default on a loan taken out by the Debtor’s...

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