From attorney Anerio V. Altman:
I have an appeal before the 9th Circuit court of Appeals with OCCU in regards to:
1. Can a Debtor utilize the Wildcard Exemption for the purpose of avoiding a non-possessory non-purchase money security interest in collateral they claim as a tool of the trade under 11 U.S.C. 522(f)?; and
2. Can a Debtor utilize 11 U.S.C. 522(f) for the purpose of avoiding a Non-PMSI lien in a vehicle they claim as a tool of the trade?
Debtor in this case is a realtor who claims that her vehicle is a tool of the trade. The vehicle is worth less than $6000 by all accounts. Debtor filed her own motion pro se, OCCU responded and we filed a chunky reply.
Judge Albert said you can’t do it. The District court said that we could. And now we’re before the ninth.
The case is IN RE: ANGIE GARCIA. 9th Appellate case number 11-56076 or District Court 10-00985.
We don’t have a hearing date yet but all papers have been filed.
Anerio V. Altman, Esq. #228445
Lake Forest Bankruptcy