Legal Question in Bankruptcy in Missouri

A two party Brother-in- law and Sister -in-law bought a Mobil Home together, one is defalt and loses everthing can they take the Mobil Home also.

Asked on 6/14/10, 7:10 am

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)
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I'm not sure exactly what your question is, so I'll discuss some generalities. And when you say "bought a mobile home together", I'm assuming you mean that both names are on the title.

If there is a lien against the mobile home and the payments are not made, the creditor to whom the payments are owed can take back the property. This is true even if the B-i-L and the S-i-L have an agreement between the two of them that each will be responsible for half the payment.

If one of has been sued by a creditor or (sometimes "and) one is in bankruptcy, then each is deemed to own half the equity in the property. Equity is the Fair Market Value minus the Amount Owed. In both the situation of bankruptcy and the situation of a creditor lawsuit, there are certain "exemptions" or property that a person is entitled to keep despite a bankruptcy or lawsuit. For a mobile home (that's not on or attached to real property in which the debtor has a fee interest) this exemption amount is $5,000. (513.430(6) Revised Statutes of Missouri.)

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6/14/10, 7:30 pm

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