Friday, June 26, 2015

(Published) - Summary for Publication: In re Edward J. Romero, Bankr. Case No. 15-11254-TBM (Chapter 7)(Applicability of Colorado's homestead exemption.)

The Court sustained the Chapter 7 Trustee's objection to Debtor's claim of exemption under Colo. Rev. Stat. § 38-41-201 or § 38-41-201.5 in a Peterbilt truck. Though the Debtor has been living on the Peterbilt truck continuously since approximately 1998 and considers it to be his home, under applicable principles of statutory construction, the Court concludes that the term "homestead" requires some association with realty. Because the Peterbilt truck is not permanently or semipermanently installed on real property, it is not associated with the land and does not qualify as a homestead.

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