In re: Angie M. Garcia, No. 11-56076 (9th Cir. 2013)Annotate this Case
Debtor filed for Chapter 7 bankruptcy and claimed that her Mercedes was exempt from her bankruptcy estate under California Civil Procedure Code 703.140(b)(5) (the "wildcard" or "grubstake" exemption). The court held that a motor vehicle could fall within the wildcard exemption and that if an exempt vehicle was a tool of the debtor's trade and was secured by a nonpossessory, nonpurchase-money lien, the debtor could avoid the lien pursuant to 11 U.S.C. 522(f)(1)(B). The court affirmed the district court's ruling and remand of the case to the bankruptcy court to determine whether the Mercedes was in fact a tool of debtor's trade as a real estate agent.