The Debtor filed for relief under chapter 13 and listed a Winnebago Motor Home ("RV") on Schedule A/B and claimed the RV completely exempt as a homestead under Colorado law on Schedule C. The Chapter 13 Trustee objected to the claimed exemption and a hearing was held.
The Debtor testified he purchased the RV using the proceeds from the sale of his former residence and a commercial property. He further testified he and his wife lived in the RV and it was their intent to use the RV as their home going forward.
The Trustee contended that because the RV had a motor, it fit within the Colorado statutory definition of a motor home: "a vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van" under Colo. Rev. Stat. § 42-1-102(57). Because the RV was a motor home, rather than a "mobile home" or "manufactured home," the Homestead Exemption did not apply.
The Court agreed with the Trustee, noting the Homestead Exemption had been expanded to include "mobile homes" and "manufactured homes," but not "motor homes." The statutory definitions of mobile home and manufactured home both specified that such homes did not have motive power. In contrast, the RV had motive power and was licensed as a motor vehicle, which likened it to the Peterbuilt Truck found not entitled to the Homestead Exemption in the case of In re Romero, 533 B.R. 807 (Bankr. D. Colo. 2016), aff'd, Romero v. Tyson, 579 B.R. 551 (D. Colo. 2016).
Thus, because the RV had motive power, it did not fit into the Colorado statutory definition of a "mobile home" or "manufactured home" and therefore was not entitled to the Homestead Exemption. The Court granted the Trustee's objection to Debtor's exemption.