Q: I live in a travel trailer, if I file for chapter 7 bankruptcy, will that count as my homestead exemption?

A: 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

exemption

(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

manufactured homes.

(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

defined property.

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.”

(Emphasis added.)

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.