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