- Citation:
- (8th Circuit, Dec 31,1969)
- Tag(s):
-
- Ruling:
- The 8th Circuit BAP reversed the bankruptcy court's ruling that a trailer modified for use as a residence was exempt under the Missouri homestead exemption. The BAP agreed with the Trustee's argument that a "mobile home," a term undefined under Missouri law, must satisfy the requirements of a manufactured home set forth in Missouri statutes section 700.010(6) in order to qualify for exemption under Missouri Statute 513.430.1(6). The court supported its position by pointing to other courts which had similarly applied the statuory definition of "manufactured home" for purposes of defining a "mobile home" under Missouri law. In applying this statutory definition, the BAP held that the structure at issue was not a mobile home and did not qualify for the exemption. The court also stated that it was unnecessary to delve into whether it was the debtor's primary residence since the structure did not meet the threshold requirement of the exemption.
- Procedural context:
- Chapter 7 Trustee appealed the Bankruptcy Court's decision that overruled his objection to the debtor's claimed exemption of a trailer under the applicable Missouri statute.
- Facts:
- Chapter 7 Debtor claimed a 1997 Wrangler Gooseneck Horse Trailer exempt under the Missouri homestead statute. Debtor had moved into the trailer in 2008 after he was kicked out of his residence by his ex-wife. Debtor modified the 26 feet long horse trailer so that he could obtain electricity and he received his mail at this location. However, the horse trailer was simply parked on his friend's farm and debtor received his water from a barrel with a pump. Debtor also continued to use the trailer for purposes of transporting horses. Beginning in January 2010, Debtor had been spending approximately 70% of his time staying overnight at his girlfriend's house and even received service of process there. Trustee objected to the claimed exemption of the trailer under Missouri law because: (1) it was not his principal residence for the six to twelve month period before the bankruptcy; and (2) that the trailer did not qualify as a mobile home under Missouri statute 513.430.1(6) and did not meet the requirements of a manufactured home under section 700.010. Despite noting that even though the structure was not manufactured with the intent to be used as a residence, the Bankruptcy Court overruled the trustee's objection because it had been modified for purposes of use as the debtor's residence, was used at least part of the time as such, and debtor used the trailer because he had no other place to live.
- Judge(s):
- Schermer, Kressel, Nail
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