Legal Opinion
Michael R. Evans and Kelly N. Evans
United States Bankruptcy Court, D. New Mexico
Decided December 12, 2023No. 23-10622Unknown
1Opinion
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: MICHAEL R. EVANS and No. 23-10622 t13 KELLY N. EVANS, Debtors. OPINION Debtors’ first amended plan includes a motion to avoid a judgment lien that allegedly impairs the Debtors’ homestead exemption. 1 To rule on the motion, the Court must first decide whether Debtors’ house is encumbered by a purchase money security interest in a solar panel system installed on the roof of the house. If the solar panels and related equipment are fixtures, the answer likely is yes; otherwise, the answer is no. The issue was submitted to the Court on…
2Cases cited25 opinions
- St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
- LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
- Little v. National Service Industries, Inc.Court of Appeals of North Carolina · 1986
- Ryan Operations G.P. v. Santiam-Midwest Lumber Co.Court of Appeals for the Third Circuit · 1996
- Garrison General Tire Service, Inc. v. MontgomeryNew Mexico Supreme Court · 1965
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