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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