Can I stay in my RV if I declare bankruptcy? 11 Answers as of July 26, 2016

We live in our RV.

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
There are too many unknown facts to be able to answer this question. You must consult a bankruptcy attorney in person who can review your situation to say yes, no, or maybe.
Answer Applies to: Indiana
Replied: 7/26/2016
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
It depends on many facts: what is it's value, how much do you owe on it, how much are your monthly payments, what is your income? I highly suggest you have a free consultation with an experienced bankruptcy attorney. Spending a little time with someone that knows the right questions to ask you could save you thousands of dollars. I wish you luck.
Answer Applies to: Georgia
Replied: 7/20/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
To answer that question you would need to determine: (a) is the RV your regular residence (homestead)? (b) what is the value of the RV? (c) what is the debt secured by the RV; and (d) what is the amount of the exemption (state or federal) which you can apply to your equity in the RV? It's usually best to retain a skilled lawyer, and almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 7/18/2016
Garner Law Office
Garner Law Office | Daniel Garner
In Oregon, you are allowed to use the homestead exemption on the RV if you actually live in it. There is a limit to the equity you can have in it, and if you have a loan on it, you will need to reaffirm the loan.
Answer Applies to: Oregon
Replied: 7/18/2016
Stephens Gourley & Bywater | David A. Stephens
Yes you can in Nevada.
Answer Applies to: Nevada
Replied: 7/18/2016
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes.
    Answer Applies to: Colorado
    Replied: 7/18/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes, your RV can be your homestead. If you have a lien against it you must be current and continue making payments.
    Answer Applies to: Nevada
    Replied: 7/18/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Sure would have helped if you indicated whether or not there is a loan financing your RV. As a general rule, as long as you file a Declaration of Homestead for your RV, you will not lose it to your Bankruptcy Trustee, but if you do not continue making the payments you owe, the lender can repo it once the bankruptcy stay is removed.
    Answer Applies to: Nevada
    Replied: 7/18/2016
    Ronald K. Nims LLC | Ronald K. Nims
    All states have a homestead exemption, in most states the homestead exemption extends not only to real property but to any place where you are living. So, yes, you can keep the RV.
    Answer Applies to: Ohio
    Replied: 7/18/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    In California you may have a homestead in an RV. You need to see a lawyer to see how to schedule it. (And deal with the rest of your assets).
    Answer Applies to: California
    Replied: 7/18/2016
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes, you should claim an exemption for it when you file.
    Answer Applies to: New York
    Replied: 7/18/2016
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