If the householder be at the time actually engaged in the business of agriculture, there shall also be exempt from such levy or distress, while he is so engaged, to be selected by him or his agent, the following articles, or so many thereof as he may have, to wit: a pair of horses or mules unless he selects or has selected a horse or mule under § 34-26, in which case he shall be entitled to select under this section only one, with the necessary gearing, one wagon or cart, one tractor, not exceeding in value $3,000, two plows, one drag, one harvest cradle, one pitchfork, one rake, two iron wedges and fertilizer and fertilizer material not exceeding in value $1,000. It shall not be required that a householder designate any property exempt under this section in a deed in order to secure such exemption.
Code 1919, § 6533; 1932, p. 324; 1956, c. 637; 1970, c. 428; 1977, c. 496; 1993, c. 150.
Notes of Decisions
Meadows v. Farmers & Merchants Nat'l Bank of Stanley (In Re Meadows), 75 B.R. 357 (W.D. Va. 1987).
· cites it 15× “The bankruptcy court also held that at the time the Chapter 7 case began, the Meadows were no longer actually engaged in the business of farming and therefore could not invoke the “poor farmers” exemption under Virginia Code § 34-27. For the reasons stated below, this court will…”
In Re Freedlander, 93 B.R. 446 (Bankr. E.D. Va. 1988).
· cites it 4× “Second, the Movants contend that the debtor is not entitled to exempt a particular horse, a black filly named “Lady Ashland,” under § 34-27 of the Virginia Code. This objection is raised on a number of grounds.”
In Re Ottoway, 169 B.R. 581 (Bankr. E.D. Va. 1994).
· cites it 6× “The analysis under Va.Code Ann. § 34-27 is similar; however the determination must be made at the time the bankruptcy petition is filed.”
In Re Samuel, 36 B.R. 312 (Bankr. E.D. Va. 1984).
“00, and if a farmer pursuant to § 34-27, at least one additional horse or mule and cart or wagon, a tractor not exceeding in value $3,000.”
In Re Dummitt, 2 B.R. 136 (Bankr. W.D. Va. 1980).
“§ 34-27. Other exemptions are specifically granted in other sections of the Code of Virginia including an insurance policy under Section 38.”
Prudential Ins. Co. of Am. v. Stephens, 498 F. Supp. 155 (E.D. Va. 1980).
· cites it 2× “1980) (small amounts due from the State or from various governmental or private institutions, livestock and dead victuals, personal items of a householder that would have been exempt from his debts under section 34-26 if he were alive, and personal property of a householder…”
Reid v. Fin. One of Virginia, Inc., 560 F. Supp. 791 (W.D. Va. 1983).
· cites it 2× “The Virginia Supreme Court there affirmed the trial court’s holding that certain agricultural articles mentioned in section 6553 (now section 34-27) were exempt from sale under a deed of trust which included those articles, even though section 6564 (now section 34-28) did not…”
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