Legal Opinion
Fifteenth RMA Partners, L.P. v. Pacific/West Communications Group, Inc. (In re Pacific/West Communications Group, Inc.)
Court of Appeals for the Ninth Circuit
Decided August 29, 2002No. 01-56047, 01-56051PublishedCited by 3 opinions
1Opinion of the Court
OPINION
TALLMAN, Circuit Judge:
We must decide whether under the California Commercial Code (CCC or the Code) as it existed prior to July 1, 2001, a creditor with a security interest in another’s personal property, including general intangibles, and all proceeds thereof, can attach its interest to the proceeds of a commercial tort claim, despite the Code’s prohibition against “[a] transfer in whole or in part of any claim arising out of tort.” Cal. Com.Code § 9104(k) (1997). The bankruptcy court held that it could, and the district court affirmed the ruling. Because we hold that the California…
2Cases cited10 opinions
- In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings BankCourt of Appeals for the Ninth Circuit · 1996
- McGonigle v. CombsCourt of Appeals for the Ninth Circuit · 1992
- Nahrstedt v. Lakeside Village Condominium Assn.California Supreme Court · 1994
- Durkin v. Benedor Corp. (In re G.I. Industries, Inc.)Court of Appeals for the Ninth Circuit · 2000
- In Re Ore Cargo, Inc., Bankrupt. Israel Discount Bank Limited v. Jacob Gottesman, Trustee in Bankruptcy of Ore Cargo, Inc.Court of Appeals for the Second Circuit · 1976
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3Cited by3 opinions
- United States v. Antonio Andrew SmithCourt of Appeals for the Ninth Circuit · 2003
- In Re WiersmaUnited States Bankruptcy Court, D. Idaho · 2002
- In Re Pacific/west Communications Group, Inc., a California Corporation, Debtor, Fifteenth Rma Partners, L.P., a New York Limited Partnership, Appellant-Cross-Appellee v. Pacific/west Communications Group, Inc., a California Corporation, Chapter 11 Debtor and Debtor in Possession, Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 2002