66 East Main Street, 3rd Floor Little Falls, NJ 07424

Exempt Bankruptcy Assets – Hyundai Santa Fe Not a Professionally Prescribed Health Aid

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A Chapter 7 Trustee objected to Debtors’ claim that their 2013 Hyundai Santa Fe was exempt since the debtor claimed it was a “professionally prescribed health aid”.

Debtor-husband suffered from numerous illnesses and ailments.  As a result, he had numerous regularly-scheduled doctor visits throughout the State.    The Debtor used his Hyundai Santa Fe to go to and from these appointments.

The Santa Fe was not modified in any way for the Debtor and the Debtor purchased this car because it was easy to get in an out.    Since he was required to see doctors, Debtor stated that the Santa Fee was a professionally prescribed health aid.

Result:    Court agreed with the Trustee’s objection to exempt this $20,000 vehicle from the Chapter 7  bankruptcy for the following two-prong reason:

  1. Vehicle was not professionally prescribed; and
  2. The vehicle was not uniquely suited and principally used for ….transportation primarily for and essential to medical care.

Debtor could not exempt the Hyundai from his Chapter 7 bankruptcy.