DURHAM v. GORDON

No. 29,441.

255 P.3d 361 (2011)

2011-NMCA-044

Cheryl Lee DURHAM Gordon, Petitioner-Appellee, v. Timothy E. GORDON, Respondent-Appellee, HPSC, Inc. and De Lage Landen Financial Services, Inc., Intervenors-Appellants, Nassau Lens Company, Inc. d/b/a Nova Optical Laboratory, Intervenor, Zia Trust, Inc., Receiver-Appellee.

Court of Appeals of New Mexico.

March 28, 2011.


Attorney(s) appearing for the Case

Atkinson & Kelsey, P.A., Patrick L. McDaniel , Albuquerque, NM, for Appellee Cheryl Gordon.

Susan I. Brown , Albuquerque, NM, for Appellee Timothy Gordon.

Kenneth C. Leach & Associates PC, Kenneth C. Leach , Albuquerque, NM, for Appellee Zia Trust, Inc.

Aldridge, Grammer, Jeffrey & Hammar, P.A., David A. Grammer, III , Albuquerque, NM, for Appellants.


OPINION

VIGIL, Judge.

{1} This case involves a marital settlement agreement (MSA) in a divorce case in which Husband and Wife agreed to place assets under the control of a receiver to pay personal taxes and community debts, which was approved by the district court and merged into the decree. The assets consist of an annuity, money purchase plan, profit sharing plan, and individual retirement accounts, which are normally exempt from legal process...

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