Peterbilt Truck Is Not An Exempt Homestead Asset for OTR Trucker.

The debtor claimed his 1997 Peterbilt truck as exempt under the Colorado homestead statute on his Chapter 7 bankruptcy schedules.  The trustee objected, and the court agreed with the trustee.  The court determined that the homestead statute (C.R.S. Sec. 38-41-201(a)) didn’t apply because only two types of personal property are specifically exempt as a homestead – mobile homes and manufactured homes.  In addition, those two types of personal property are attached to land.  The debtor’s truck did not qualify as a homestead because it is not permanently or semi-permanently installed on real property and has no regular site and is not located in a residential area or mobile home park.  Colorado case law required an association with real estate to support a homestead exemption for the debtor’s truck.  In re Romero, No. 15-11254 TBM, 2015 Bankr. LEXIS 2065 (Bankr. D. Colo. Jun. 24, 2015).    

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