In re: DRUMMOND
Annotate this CaseIn this case, Steven and Mary Drummond, who resided in their 2017 Tiffin Allegro motor home, filed for Chapter 7 bankruptcy and claimed that their motor home was subject to the homestead exemption as a "mobile home" under Arizona law. The trustee objected, arguing that the Drummonds' motor home was not a mobile home under Arizona law. The United States Bankruptcy Court for the District of Arizona certified the question to the Supreme Court of the State of Arizona: “Whether a motor home in which a person over 18 years of age resides qualifies as a mobile home for the purpose of claiming an Arizona homestead exemption pursuant to A.R.S. § 33-1101(A)(3).” The Supreme Court of the State of Arizona held that a motor home does not qualify for an exemption under A.R.S. § 33-1101(A)(3). The court reasoned that the statutory context of A.R.S. § 33-1101(A)(3) suggests that a "mobile home" under the statute describes a dwelling that is not intended to be moved once placed and physically attached to property. Thus, a "motor home" is not a "mobile home" under the homestead statute because it is readily movable and not anchored to land.
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