The question may eventually turn on the chapter you file and the jurisdiction in which you live. To start at the end, if you were able to separate the parts from the vehicle, how would the parts be treated in bankruptcy? Does your jurisdiction have an exemption for the parts that would allow you to keep the parts if they had never been installed on the vehicle? If you were filing a Chapter 13, the estate may keep assets that are necessary to reorganization even if they are not specifically exempt assets. If is unlikely that a court would find after market parts, not attached to a car, ?necessary? for reorganization. There are a number of factors that could be reviewed. Are the parts fixtures? Fixture considerations apply to both real and personal property. They are generally items that are attached to a larger property, adapted for use in the larger property, and intended to be permanently attached. The precise definition of fixtures varies by jurisdiction, however. Next is the question of priority in security interests. Is there a perfected security interest in the fixture if the parts qualify for such separate treatment? Article 9 of the UCC, controls the sequential right of possession between interested parties. The bankruptcy trustee would have the right of possession after any creditor with a perfected security interest but before the debtor. So, that brings us back to initial question, if the debtor does not have an exemption in the jurisdiction that applies to the parts, there is no reason to determine if the parts can be considered separate from the vehicle. Normal 0 false false false EN-US X-NONE X-NONE.
Answered on Jun 17th, 2014 at 10:45 PM