Legal Opinion

In Re Robert B. Lee Enterprises, Inc., Debtor. Michael A. Grassmueck, Inc., Trustee v. Champion Credit Corporation

Court of Appeals for the Ninth Circuit

Decided December 2, 1992No. 91-35488PublishedCited by 6 opinions

1Opinion of the Court

DAVID R. THOMPSON, Circuit Judge:

The issue we decide in this appeal is whether advances made by a secured party’s assignee under a security agreement containing a future advance clause have priority over other creditors’ secured liens which arose after the originally secured party’s rights were perfected but before future advances were made by the assign-ee. We hold that the assignee’s future advances are entitled to the priority position of the secured party under the security agreement, and affirm the decisions of the bankruptcy court and the bankruptcy appellate panel (“BAP”).

FACTS

FinanceAm…

2Cases cited4 opinions

  1. Miller v. BriggsSupreme Court of the United States · 1992
  2. Aetna Casualty and Surety Co., Inc., a Connecticut Corporation v. Pintlar Corporation, a Delaware Corporation Gulf Resources and Chemical Company, a Delaware Corporation, Continental Re-Insurance Corp., a California Corporation Pacific Insurance Company, a California Corporation Fidelity & Casualty Co. Of New York, a New York Corporation v. Pintlar Corporation, a Delaware Corporation Gulf Resources and Chemical Company, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1991
  3. In the Matter of E. A. Fretz Company, Inc., Bankrupt. Republic National Bank of Dallas v. Carl S. Fitzgerald, TrusteeCourt of Appeals for the Fifth Circuit · 1978
  4. Thorp Sales Corp. v. Dolese Brothers Co.District Court, W.D. Oklahoma · 1978

3Cited by6 opinions

  1. Interbusiness Bank v. First Nat. Bank of Mifflin.District Court, M.D. Pennsylvania · 2004
  2. Mastro v. WittCourt of Appeals for the Ninth Circuit · 1994
  3. Mastro v. WittCourt of Appeals for the Ninth Circuit · 1994
  4. Dacon Bolingbrook Associates Ltd. Partnership v. Federal National Mortgage Ass'nDistrict Court, N.D. Illinois · 1993
  5. Rutledge v. Verdigris Valley Economic Development Corp. (In Re Tulsa Industrial Facilities, Inc.)United States Bankruptcy Court, N.D. Oklahoma · 1995

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