Leased Solar Panels
Posted: Mon Apr 25, 2016 4:43 pm
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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