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Is it mandatory to surrender an RV in Chapter 13 Bankruptcy in FL if the lender wants you to keep it and keep making payments?

We are having to file Chapter 13 Bankruptcy after job loss and unable to make our payments to all the creditors. But we have been making all our payments to the secured creditors. We have been told to surrender the RV as the unsecured creditors would demand it. I want to know, what if the lender would be in agreement to allow us to keep the RV if an agreement could be made in the court to continue payments. Would we still have to surrender the RV. It is a 24' Class C.

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Attorney answers (2)

Reputation Level 15
It depends on what payment plan you can afford. If the RV payment is going to break you the court will probably reject the plan. Do you have equity in the RV? If you are upside down or have no equity, why would you keep it?

Reputation Level 15
The answer is it depends. It depends on what percentage you are repaying unsecured creditors and whether the RV is reasonably necessary for your support. If you are living in it then you will be able to keep it in the bankruptcy. If it is a recrerational vehicle then the court will consider you paying that off at the expense of your other creditors "bad faith" and the trustee will likely object to confirmation of your case.

LEGAL DISCLAIMER
Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.

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