QUESTION

Is my motorized RV exempt from under chapter 7 rules?

Asked on Jan 22nd, 2015 on Bankruptcy - Colorado
More details to this question:
I purchased it cash several years ago so I own it free and clear.
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11 ANSWERS

Derek W. Freeman
Probably not. You can claim a homestead exemption in it if you are living in it as your residence. Or you could claim a motor vehicle exemption in it, but the allowable exemption amount is probably much lower than the value of your motor home. There may be a wild card exemption in your state, but it still might not cover the motor home if it's worth a lot.
Answered on Jan 27th, 2015 at 11:44 AM

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Depends on the present fair market value of the RV and what other property you are seeking to exempt.
Answered on Jan 27th, 2015 at 4:37 AM

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Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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I would need more information. Typically, such a vehicle is not exempt if you are not living in it. But there are several factors to consider, such as number of people filing, amount of wildcard, if any, etc.
Answered on Jan 26th, 2015 at 6:01 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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All states have an exemption for a motor vehicle and all states have a wildcard exemption (one that can be used for any property). The issue is whether the value of the RV fits within the exemptions and that you don't need to use the exemptions for some other property (if you have a car you use for daily transportation, you might need to use the exemptions to protect that car more than you need to keep the RV).
Answered on Jan 26th, 2015 at 5:59 PM

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Real Estate Attorney serving Florence, KY at Linda S. Novakov & Associates, PLLC
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It may be exempt - if it's your primary vehicle, or if it fits under the wildcard exemption (KY) - much depends on the value of the RV and what other property you have that needs to be exempt.
Answered on Jan 26th, 2015 at 5:58 PM

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Bankruptcy Attorney serving Las Vegas, NV
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You have one vehicle exemption up to $15,000 and you have a $550,000 homestead exemption. If you cannot use one of these for your RV then the only other option available to you is the thousand dollar wildcard exemption.
Answered on Jan 26th, 2015 at 12:19 PM

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Whether your RV is exempt will depend on several factors, such as the value of the RV, whether you are using the RV as your residence, and what other assets you own or have some ownership in. An experienced bankruptcy attorney, would be able to discuss your assets and how they would be protected under the available exemptions. If you are using the RV as your residence, you may use a homestead exemption of $22,975.00 [This is the federal exemption amount. The Michigan exemption is higher, but electing the use of the state exemptions raises other issues that should be discussed with an attorney]. If you are not using the RV as your residence, then you may be limited to using your "wild card" exemption which is $12,725.00. If the value of the RV far exceeds the available exemption(s), you risk the liquidation or forced sale of the asset. If an asset is liquidated, you would be paid the value of your exemption. However, when there is unexempt equity, liquidation is not the only possible outcome. It is possible to negotiate with the Trustee to settle the issue by agreeing to pay in a certain amount so that you can keep the asset. If the RV has significant unexempt equity and you must keep the RV, you should consider filing Chapter 13. In Chapter 13, there is no liquidation; however, the amount of unexempt equity will have an impact on how much must be repaid to your unsecured creditors. I highly recommend sitting down with an experienced bankruptcy attorney to discuss your situation, so that they can tell you how Chapter 7 and Chapter 13 would work for you.
Answered on Jan 26th, 2015 at 12:10 PM

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Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
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It depends on its value and the value of the remaining assets. Consult with a qualified bankruptcy attorney to make a final determination.
Answered on Jan 26th, 2015 at 12:06 PM

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That is advice that only a licensed attorney can give you after a review of your financial situation. Many attorneys do offer free consultations to answer any questions you have about bankruptcy and how it might affect you.
Answered on Jan 23rd, 2015 at 7:47 PM

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Deborah F. Bowinski
It depends upon what state you live in and what the value of the RV is at the time you file your case. In Colorado it is not exempt at all.
Answered on Jan 23rd, 2015 at 7:46 PM

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Bankruptcy Attorney serving Seattle, WA at The Law Office of Marc S. Stern
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It depends upon the value.
Answered on Jan 23rd, 2015 at 7:46 PM

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