Legal Opinion
Ward v. Communications Data Services, Inc. (In re Kachina Publications, Inc.)
United States Bankruptcy Court, D. Arizona
Decided August 23, 1994No. Bankruptcy No. B-93-13151-PHX-GBN; Adv. No. 94-0001PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OF DECISION
GEORGE B. NIELSEN, Jr., Chief Judge.
This proceeding arises, on cross motions for summary judgment filed by plaintiff D. Christopher Ward, the appointed Chapter 7 trustee (“trustee”) and defendant Communications Data Services, Inc., an Iowa corporation (“CDS”). Plaintiffs motion is denied and defendant’s motion is granted.
The complaint was filed inter alia to invalidate defendant’s Iowa statutory artisan’s lien under the trustee’s strong arm powers. 11 U.S.C. § 545(2). Docket No. 1 at p. 8. The trustee also alleged defendant’s possessory lien is a preferential transfer.…
2Cases cited9 opinions
- Miller v. BriggsSupreme Court of the United States · 1992
- Raub v. General Income Sponsors of Iowa, Inc.Supreme Court of Iowa · 1970
- Bankr. L. Rep. P 71,586 in Re Kevin Pierce, Individually and as a Partner of Pierce Farms, Debtor. In Re Wayne Pierce, Individually and as a Partner of Pierce Farms, Debtor. In Re Michael Pierce, Individually and as a Partner of Pierce Farms, Debtor. Lyle Pierce, Individually and as a Partner of Pierce Farms v. Aetna Life Insurance Company, Creditors Committee, Creditors Schmalz, Fitzsimmons & Cassavan, Farmers Home Administration & Commodity Credit Corporation, General Motors Acceptance Corp., Wayne Drewes, Ch. 7 Trustee, National Farmers Union Property & Casualty Company. Neil A. McEwen v. William P. Westphal, U.S. Trustee and Wayne Drewes, Bankruptcy TrusteeCourt of Appeals for the Eighth Circuit · 1987
- Briggs v. Kent (In re Professional Investment Properties of America)Court of Appeals for the Ninth Circuit · 1992
- Bartels v. Hennessey Brothers, Inc.Supreme Court of Iowa · 1969
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3Cited by1 opinion
- In Re: America West Airlines, Inc., Debtor. El Paso City of Texas v. America West Airlines, Inc.Court of Appeals for the Ninth Circuit · 2000