IN RE HOLZAPFEL

No. OP 11-0203.

262 P.3d 1114 (2011)

2011 MT 257

362 Mont. 251

In re Michael Robert HOLZAPFEL and Lynn A. Holzapfel, Debtors.

Supreme Court of Montana.

Decided October 13, 2011.


Attorney(s) appearing for the Case

For Debtors: William L. Managhan ; Managhan Law Firm, Kalispell, Montana.

For Chapter 7 Trustee: Christy L. Brandon ; Brandon Law Firm, Bigfork, Montana.


Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 This is an original proceeding brought to this Court pursuant to M.R.App. P. 15(3) on a certified question from the Honorable Ralph B. Kirscher, United States Bankruptcy Judge for the District of Montana. The question of law is: Whether, under Montana's liberal construction of exemptions, Debtors may claim an exemption in a Yamaha 4 wheel all-terrain vehicle ("ATV"), as a sporting good pursuant...

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