Q: I live in a travel trailer, if I file for chapter 7 bankruptcy, will that count as my homestead exemption?
You need to consult with an attorney for an in-depth answer because there are several different exemptions which might apply. That said, here is part of a decision in a Colorado bankruptcy case (Case:17-13786-JGR Doc#:35) which sets out some of the relevant law:
C.R.S. § 38-41-201.6 was simultaneously enacted creating the mobile home
homestead exemption. The initial exemption was limited to mobile homes as defined
under then current laws. In 1983 the Colorado Legislature created Article 29 of Title 38
recognizing manufactured homes and the statute was amended to include
manufactured homes as well as mobile homes. In 2000 the statute was amended to
include trailers and trailer coaches as additional items of personal property to which the
homestead exemption applies.
Currently, C.R.S. § 38-41-201.6 reads as follows:
Mobile home, manufactured home, trailer, and trailer coach homestead
(1) A manufactured home as defined in section 38-29-102 (6), which
includes a mobile home or manufactured home as defined in section 38-
12-201.5 (2), 5-1-301 (29), or 42-1-102 (106)(b), C.R.S., that has been
purchased by an initial user or subsequent user and for which a certificate
of title or registration has been issued in accordance with section 38-29-
110 or pursuant to section 38-29-108, is a homestead and is entitled to the
same exemption as enumerated in section 38-41-201, except for any
loans, debts, or obligations incurred prior to January 1, 1983. For
purposes of this homestead exemption, the term "house" as used in
section 38-41-205 shall be deemed to include mobile homes or
(2) A trailer as defined in section 42-1-102 (105), C.R.S., or a trailer coach
as defined in section 42-1-102 (106)(a), C.R.S., that has been purchased
by an initial user or subsequent user and for which a certificate of title or
registration has been issued pursuant to section 42-3-103, C.R.S., is a
homestead and is entitled to the same exemption as enumerated in
section 38-41-201, except for any loans, debts, or obligations incurred
prior to July 1, 2000. For purposes of this homestead exemption, the term
"house" as used in section 38-41-205 shall be deemed to include trailers
or trailer coaches.
Each expansion of the homestead exemption has been limited to expressly
C.R.S. § 42-1-102(105) defines a trailer as "...any wheeled vehicle, without
motive power, which is designed to be drawn by a motor vehicle and to carry its cargo
load wholly upon its own structure and that is generally and commonly used to carry
and transport property over the public highways.” (Emphasis added.)
C.R.S. § 42-1-102(106)(a) defines a trailer coach as “...a wheeled vehicle having
an overall length, excluding towing gear and bumpers, of not less than twenty-six feet,
without motive power, that is designed and generally and commonly used for occupancy
by persons for residential purposes, in temporary locations, and that may occasionally
be drawn over the public highways by a motor vehicle and is licensed as a vehicle.”
C.R.S. § 42-1-102(106)(b) defines a manufactured home as a “...preconstructed
building unit or combination of preconstructed building units, without motive power,
where such unit or units are manufactured in a factory or at a location other than the
residential site of the completed home, which is designed and commonly used for
occupancy by persons for residential purposes, in either temporary or permanent
locations, and which unit or units are not licensed as a vehicle.” (Emphasis added.)
Mobile homes are defined in C.R.S. § 38-12-201.5(2) and C.R.S. § 5-1-301(29).
Both definitions include the provision that to be drawn over public highways, a special
permit is required.
A: Various possible exemptions. Consult your bankruptcy attorney for the possible scenarios that could unfold.
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