Legal Opinion
Lucero v. Green Tree Financial Servicing Corp. (In Re Lucero)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided December 23, 1996No. BAP No. NM-96-22, Bankruptcy No. 95-12788, Adv. No. 95-1250PublishedCited by 4 opinions
1Opinion of the Court
OPINION
BOHANON, Bankruptcy Judge.
Green Tree Financial Servicing Corp. appeals the judgment of the United States Bankruptcy Court for the District of New Mexico that determined Steven H. Mazer, the Chapter 13 Trustee, could avoid its lien on a manufactured home. Because we conclude the bankruptcy court erred as a matter of law in holding that the trustee could avoid the properly perfected security interest in personal property, we reverse the judgment. 1
I. BACKGROUND
Green Tree financed the debtors’ purchase of a manufactured or mobile home, and its note was secured by a lien on the…
2Cases cited14 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Singleton v. WulffSupreme Court of the United States · 1976
- Marguerite HICKS, Plaintiff-Appellant, v. the GATES RUBBER COMPANY, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1991
- Cowles v. Dow Keith Oil & Gas, Inc.Court of Appeals for the Tenth Circuit · 1985
- Garrison General Tire Service, Inc. v. MontgomeryNew Mexico Supreme Court · 1965
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3Cited by4 opinions
- Hansen v. Green Tree Servicing, LLC (In Re Hansen)Bankruptcy Appellate Panel of the Tenth Circuit · 2005
- In Re BonnerUnited States Bankruptcy Court, E.D. Virginia · 1997
- Williams v. Capital Asset Recovery, LLC (In Re McMullen)United States Bankruptcy Court, D. Kansas · 2011
- Williams v. Peoples First National Bank & Trust Co. (In Re Allen)United States Bankruptcy Court, S.D. Illinois · 1998