Lawyer Rating and Reviews
Reviewed by Christopher Hull February 28, 2019
Clark is an excellent attorney who thoroughly understands the law. He works hard for his clients and always gives them the best advice and representation. When I'm unable to represent the client, I never hesitate to refer them to Clark.
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- The Ohio State University Michael E. Moritz College of Law
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44 Questions Answered
- 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.
- Q. For chapter 7,do I need to list my mom as my landlord if we have a verbal rent contract, but no written lease contract?
- A: It would be best to list it as an executory contract. When in doubt, disclose. She'll get notice about the bankrutpcy, so you might want to give her a heads up if she doesn't already know. As long as you're only making normal monthly rent payments and you haven't made any catch-up payments on rent there shouldn't be any problems for her.
- Q. If I file before the 2nd stimulus check may pass can trustee take this money since CO has no wildcard exemption?
- A: While they don't have to, bankruptcy trustees have been leaving stimulus money alone. If you file before any bill passes providing for a second round of stimulus, that money would not be part of the bankruptcy estate. Additionally, the CO legislature is working on a bill to provide a limited exemption for cash. https://leg.colorado.gov/bills/sb20-211
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