Legal Opinion
Carlson v. Diaz (In Re Carlson)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided January 6, 2004No. BAP No. UT-03-027. Bankruptcy No. 02B-41068PublishedCited by 18 opinions
1Opinion of the Court
OPINION
RASURE, Bankruptcy Judge.
Appellant Ronald L. Carlson appeals from an Order Sustaining Objection in which the bankruptcy court denied his claim to a homestead exemption in the trailer that serves as his primary residence. Appellant contends that the bankruptcy court erred in concluding that Utah’s homestead statute grants an exemption in a mobile home only if the claimant also owns the real property on which the mobile home is situated. Although Utah’s homestead statute is not a model of clarity, we agree with Appellant that the statute does not require the owner of a mobile home to own…
2Cases cited14 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Johnson v. RiddleCourt of Appeals for the Tenth Circuit · 2002
- In Re William E. BRAYSHAW, Debtor. H. Christopher CLARK, Trustee-Appellant, v. William E. BRAYSHAW, Debtor-AppelleeCourt of Appeals for the Tenth Circuit · 1990
- Lampe v. Williamson (In Re Lampe)Court of Appeals for the Tenth Circuit · 2003
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- John Bird v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2017
- Redmond v. Kester (In Re Kester)Bankruptcy Appellate Panel of the Tenth Circuit · 2006
- In Re KlineUnited States Bankruptcy Court, D. Idaho · 2005
- Soulé v. Willcut (In re Willcut)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- Hodes v. Jenkins (In Re Hodes)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
13 more not listed; retrieve them via the Exa API.