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Leased Solar Panels
You might want to look at the contract the debtor had with the solar panel provider to see if addresses the fixture issue. The last one of these I had the solar provider Sun Edison filed a UCC-1 financing statement with Secretary of State. That was a chapter 7 case but when my client tried to sell the property a few months down the road from discharge it created a real issue. I took the position that the solar panel contract was a rejected lease /discharged unsecured debt since the panels were a fixture and could not be removed without damaging the roof. I never had to go to war over the issue as the buyer wanted to retain the solar panels and entered into a new agreement with the provider.
Mark Jessee
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> On Apr 25, 2016, at 4:00 PM, nclark@blclaw.com [cdcbaa] wrote:
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> Has anyone delt with leased solar panel in a chapter 13? Since they are attached to the property, can the leasing company take them off or are they a fixture? Debtor wants to reject the contract but does not want the company to damage his home.
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> Thank you,
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> Nancy B. Clark
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> Borowitz & Clark, LLP
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