Maybe dismissal is a good thing ???

[werebroke]

Filed Chapter 13 in Arizona in Sept. of 2009, at that time that was our residence. We also surrendered our house in AZ, in hope of keeping our property in Northern Minnesota. The attorney told us he would do the best he could to keep the MN property, but if nothing else it would buy us some time. He instructed us to claim residency, license etc. in Minnesota. And with time possibly on our side, the 13 may be dismissed and then we could file a 7 in Minnesota and keep our MN residence. All with the proper time factors mind you. SO NOW....17 months later our Arizona chapter 13 has been dismissed. It may be a good thing......My wife and I are no doubt getting older and Minnesota winters are getting colder. Our thoughts now that the AZ Chapter 13 is dismissed. To sell our Minnesota property (leaving us with no mortgage and no real estate property) and buy a motorhome and live fulltime in the motorhome. Meanwhile wait for the creditors to come back after us. If we owned the motorhome clear and free, and no other real estate. Can they come after the motorhome even though it is were we live???? WHat if we end up filing a chapter 7 in Minnesota, with no real estate. Would we be able to keep the motorhome??
Any help idea's are appreciated !!
Thanks

[kornellred]

Creditors are free to attempt to collect debts in any way they can, until you die. And they will never stop trying. All unsecured debt that is eligible will be discharged in a Chapter 7 bankruptcy, so what's the big deal?

[AngelinaCatHub]

Filed Chapter 13 in Arizona in Sept. of 2009, at that time that was our residence. We also surrendered our house in AZ, in hope of keeping our property in Northern Minnesota. The attorney told us he would do the best he could to keep the MN property, but if nothing else it would buy us some time. He instructed us to claim residency, license etc. in Minnesota. And with time possibly on our side, the 13 may be dismissed and then we could file a 7 in Minnesota and keep our MN residence. All with the proper time factors mind you. SO NOW....17 months later our Arizona chapter 13 has been dismissed. It may be a good thing......My wife and I are no doubt getting older and Minnesota winters are getting colder. Our thoughts now that the AZ Chapter 13 is dismissed. To sell our Minnesota property (leaving us with no mortgage and no real estate property) and buy a motorhome and live fulltime in the motorhome. Meanwhile wait for the creditors to come back after us. If we owned the motor home clear and free, and no other real estate. Can they come after the motorhome even though it is were we live???? WHat if we end up filing a chapter 7 in Minnesota, with no real estate. Would we be able to keep the motorhome??
Any help idea's are appreciated !!
Thanks

I believe your ideas are brilliant as well as fun. However there is a caveat in this. No your Motor Home is a Titled vehicle and in no state I know of is exempt. It can be free and clear and becomes an asset. It would be better to sell the house if you can, and go C7, yet I don't know how you could just pay off free and clear a vehicle and not have it exempt. Now a Mobile home, tied to a real estate (land) exemption, like in my state, is exempt. It is not easy to move one about though unless you can tie down your Motor home legally (yet not physically) to a piece of land you own, and get a real estate exemption. This would be above my pay grade to know. C7 would be your out after a 13 bust. Clear all but be very careful with your great idea. I approve of the concept, but the logistics for legality is above me. 'Hub

[frogger]

Creditors are free to attempt to collect debts in any way they can, until you die. And they will never stop trying. All unsecured debt that is eligible will be discharged in a Chapter 7 bankruptcy, so what's the big deal?

No, creditors are free to attempt to collect debts until the statute of limitations run out. After the statutes run out, they can send you an invoice, but it's all bark and no bite.