QUESTION

Can our RV be repossessed and leave us on the streets or can we claim it as our homestead filing chapter 7?

Asked on Mar 05th, 2014 on Bankruptcy - California
More details to this question:
RV is our only home, lost our savings in stock market, (have minimal savings, $10k) own our 2010 F450 clear-(only other cash-worth about $25K). Our income is our SSI, under $3k a month combined. The problem is we have been unable to make payments for the RV for 8mos now. Can it be repossessed and leave us on the streets or can we claim it as our homestead filing chapter 7? (Bal is $80k- worth maybe $40). The RV is registered in South Dakota. We have been in California for almost 2yrs.
Report Abuse

3 ANSWERS

Debt Relief Attorney serving Anaheim, CA
While you may claim the homestead exemption in your RV you are still obligated to make the payments on it as you would any other secured debt if you wish to keep it.
Answered on Mar 07th, 2014 at 7:05 AM

Report Abuse
Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
Update Your Profile
Claiming an exemption and holding onto a property that is collateral for a secured debt are two different things. If you owe $80K and the RV is worth $40K, you have no equity, so there is nothing to exempt. You cannot NOT pay the debt and KEEP the collateral. There may be a way to prevent the repossession through chapter 13 or perhaps the lender would be willing to modify the terms but you need to seek guidance from a bankruptcy attorney on this. Truly and honestly, this is too difficult to navigate this on your own. Your home is at stake here.
Answered on Mar 07th, 2014 at 7:04 AM

Report Abuse
Bankruptcy Attorney serving Santa Rosa, CA at Law Offices of Craig Burnett
Update Your Profile
While a homestead exemption may cover your RV, you are not asking the right question. Exemptions are designed to protect any equity you may have in an asset, so that a bankruptcy trustee or judgment creditor may not take it to satisfy claims. Exemptions are meaningless with regard to a secured creditor's interest in the asset. You do not have any equity in the RV, so there is nothing to protect by use of an exemption, and the bankruptcy trustee would have no interest in it in any event, since the loan balance exceeds its value. Even if you did have equity in it, you cannot use an exemption to wipe out the secured creditor's lien rights. It could be worth $40,000 and you may only owe $10,000 on it, but if you stop making the payments, the creditor would still have the right to repossess it, regardless of whether you are living in it.
Answered on Mar 07th, 2014 at 2:30 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters