May 9, 2017
- Debtors borrowed money from a creditor to purchase a 41” John Deere Riding Lawn Mower.
- Debtors filed for a Chapter 13 Bankruptcy and wanted to file a Motion to Avoid the Lien on the John Deere Mower.
- Debtors felt the lien on the mower impairs their exemptions and it is personal property not a recreational vehicle, motor vehicle or tractor.
- Creditor presented that the John Deere Riding Lawn Mower was a motorized vehicle which attachments could be placed on the mower and thus is a motor vehicle/tractor which cannot be exempted.
- Creditor also stated that it was not a personal item that could be used only for cutting grass but also could be used to haul or power implements.