Can a motor home used for work be exempt in a bankruptcy? 7 Answers as of December 29, 2010

My partner works at variable sites throughout on a 24 hour "on call" basis and 12.5 hr shifts. For the last 9 yrs this RV has been necessary for the job (as a place to stay/and transportation. "On call" is 2 hr notice (whether assignment is accepted or canceled) which makes motels not workable due to time constraints. Local regular commute jobs are not available. What is the likelihood my motor home may be kept to enable continued income from my partner during a bankruptcy?

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Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
A motor home that is the exclusive residence of the Debtor may be entitled to a homestead exemption in bankruptcy, although it may depend on the exemption laws of the State you live in. It would be best to verify this with a bankruptcy attorney in your State.
Answer Applies to: Illinois
Replied: 12/29/2010
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
Motor home, if you live in it,is subject to homestead protection in CA. Otherwise you can exempt up to $27K equity of that motor home.
Answer Applies to: California
Replied: 12/21/2010
DiManna Law Office, LLC.
DiManna Law Office, LLC. | Dawn DiManna
There may be an exemption that can be used to keep this asset, you will need to consult a bankruptcy attorney to know for sure.
Answer Applies to: New Hampshire
Replied: 12/21/2010
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
You must disclose all your assets and all your debts. This can be explained in your papers and listed on the exemptions. While there are no guarantees, you may be able to keep it. A good attorney can assist you with this.
Answer Applies to: California
Replied: 12/21/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Interesting question. Tools of the trade exemption may apply and you can use your personal property exemption. You cannot use the homestead exemption even though you live in it some of the time.
Answer Applies to: Tennessee
Replied: 12/21/2010
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    There is an exemption for tools of the trade (which could include your motor home), a homestead exemption and a vehicle exemption. There is also a so-called wildcard exemption that can be used for anything. All of these exemptions have dollar limits. Therefore, the value of the motor home is extremely important information. I must assume also that you are not operating as a corporation or LLC since exemptions are for property owned by natural persons. A complete analysis of all the property is needed to determine the available exemptions. You really need to have a consultation with a local bankruptcy attorney after you make a list of all the property and estimate the value of each piece of property. The value should be what you could reasonably get on a fast sale.
    Answer Applies to: California
    Replied: 12/20/2010
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    That depends on its realizable value (i.e. equity), the value of your other assets, and what exemptions you have available under applicable law. The applicable law is usually based on where you have lived for the 2 years prior to filing your bankruptcy case. You need to consult with a bankruptcy attorney to get more specifics on your situation.
    Answer Applies to: California
    Replied: 12/20/2010
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