For AttorneyOney

[Eric2OO2]

Hello,

LadynRed directed me to you as I have a question about a non purchase money security instrument. I have filed BK and put up three tv's, a small aiwa stereo, and a personal computer to secure the loan. I live in Kentucky and my attorney is telling me that a Non Purchase Money Security insturment can not be used in my case, as the BK court could than take those items as they are not furniture. In all advice I have been given, and from my own personal reading I believe this is incorrect. Can you offer any inisght ?

Kentucky BK Law states that household furnishings up to $3,000 are exempt. I guess the real question is what do they mean by furnishings. My attorney seems to believe that furnishings means actual furniture like couches, loveseats, tables, china, etc- would this be correct ? Are my tv's and pc not exempt ?

Any assistance is greatly appreciated.

[AttorneyOney]

I can't give you legal advice -- only a Kentucky attorney can do that. Your attorney presumably knows that consumer electronics and computers don't fit within the exemption for household furnishings in your jurisdiction. Unless they're exempt, section 522(f)(1)(B) won't apply, and it won't be possible to avoid the lien on them.

[Eric2OO2]

Thanks .... Yeah, I wasn't really looking for legal advice. I am just trying to figure out if these items should be exempt. Kentucky law reads as "household furnishings," would electronics not be furnishings ?