Legal Opinion

Timothy W. Hess

United States Bankruptcy Court, D. New Mexico

Decided March 27, 2020No. 19-11925Unknown

1Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: TIMOTHY W. HESS, No. 19-11925-ta7 Debtor. OPINION On February 3, 2020, the Court held a final hearing on the chapter 7 trustee’s objection to Debtor’s homestead exemption. The basis for the objection is that Debtor does not own the house he seeks to exempt. Debtor responded that he leases the house, pays the mortgage, pays for upkeep, and owns the limited liability company that owns the house. Based on the evidence taken at the final hearing and being otherwise sufficiently advised, the Court concludes that the trustee’s objection…

2Cases cited30 opinions

  1. Owen v. OwenSupreme Court of the United States · 1991
  2. St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
  3. LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
  4. In Re Rcs Engineered Products Company, Inc., Debtor. Spartan Tube and Steel, Inc. v. Daniel C. Himmelspach Railcar Specialties, Inc.Court of Appeals for the Sixth Circuit · 1996
  5. Communist Party of the United States of Amerika v. 522 Valencia, Inc.California Court of Appeal · 1995

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