Vehicle Exemption Question

[JeanDeaux]

What is the name of your state? Louisiana

Louisiana allows as best as I can tell an exemption for a truck under three tons or a non luxury car as a tool of trade for work If a bankruptcy applicant is currently unemployed and has been for considerable time-over a year at the very least-and he is currently applying for long term ssa disabilty benefits is the vehicle still exemptable? If this applicant is scheduled to have surgery in upcoming months which MAY render him able to return to work does that make a difference? The sitiuation that the applicant is in right now is as I said that he is unemployed and has been so for over a year and he is applying for disability- but he has surgery scheduled, and if he is able to return to work after this surgery he will but he will still attempt to get back disability pay. If he is not able to return to work after this surgery obviosuly he wont- so, is that is the sitiation is a truck under 3 tons and worth about 1500 able to be exempted if he files for bankruptcy now which is a few months before the surgery?

[AttorneyOney]

If the applicant is someone besides yourself, you may be engaged in the unauthorized practice of law by giving them advice. If it's a close relative, no one is likely to care very much.

That said, the best advice you can give this person is to consult a bankruptcy attorney right away to see what the best course of action might be in their actual situation. There are many factors that affect the timing of a bankruptcy filing. One of them is the likelihood of incurring additional debt in the near future. Since post-petition debts are not dischargeable, this factor militates in favor of delay. Other factors may counsel an early filing, however, which is why it's wise to see a lawyer.

[JeanDeaux]

Thanks. But i was actually wondering if all decisions being foregone as in if the situation was at hand exactly as described, that a person (me or whoever) was currently unepmloyed and ahving been unemployed for well over a year and applying for ssa disability, then would a clear title pickup truck under 3 tons worth about 1500 be exempt in louisiana? If the decision to file was already made and it was definitly going to be done. The thing i am wondering is since the exemption consideration seems to me to read that the exemption of the vehicle is 'as a tool of trade,' I am wondring if it would be exempt since it is not particularly now being used for work. If the bk applicant was not curremntly employed and was applying for disability, but disability having not been granted then it is unknown whether or not he would possibly forced to return to some sort of work ifnot approved for disability, or epsecially considering that there is a surgery scheduled for a few months in the future that may make it possible for him to return to work basically unhindered later on. This would definitely be many months in the future because there are two surgeries that are to be done plus recuperation. Thing is that the truck is not CURRENTLY being used for work except for a VERY few and far between hours here and there maybe working a few hours here and there helping out as it were. Would the truck under those circumstances be considered a valid exemption right now?