Legal Opinion

In Re Richard C. Barnes, Debtor. Appeal of Thomas J. Vankirk

Court of Appeals for the Seventh Circuit

Decided January 9, 2002No. 01-1532PublishedCited by 9 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The question presented by this bankruptcy appeal is whether Indiana permits an involuntary lien to be obtained in a liquor license. The appellant, VanKirk, was an employee of a bar owned by the debtor, Barnes (actually a predecessor of Barnes, but we can ignore that detail). VanKirk had filed a notice of employee’s lien on “any and all assets” of Barnes for unpaid wages and later had obtained from an Indiana court a default judgment against Barnes foreclosing his lien. Van-Kirk asked the court to appoint a receiver to operate the bar for his benefit and that of the bar’s…

2Cases cited29 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
  3. Harris Trust & Savings Bank v. Salomon Smith Barney Inc.Supreme Court of the United States · 2000
  4. In Re Farmers Markets, Inc., Debtors. State of California, State Board of Equalization, and Employment Development Department v. Farmers Markets, Inc., in Re Dick and Carleen Brink, Debtors. State of California, State Board of Equalization, and Employment Development Department v. Sy v. BrownCourt of Appeals for the Ninth Circuit · 1986
  5. Wal-Mart Stores, Incorporated Associates' Health and Welfare Plan and Administrative Committee, Administrator of the Plan v. Denise WellsCourt of Appeals for the Seventh Circuit · 2000

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3Cited by9 opinions

  1. Edward Bontkowski v. Brian SmithCourt of Appeals for the Seventh Circuit · 2002
  2. Abboud v. Ground Round, Inc. (In Re Ground Round, Inc.)Court of Appeals for the First Circuit · 2007
  3. Village of Rosemont v. Aaron Jaffe, Emerald Casino, Inc. v. Illinois Gaming BoardCourt of Appeals for the Seventh Circuit · 2007
  4. In Re SmithUnited States Bankruptcy Court, N.D. Ohio · 2004
  5. FiberTower Network Services Corp. v. Federal Communications Commission ( In re FiberTower Network Services Corp.)United States Bankruptcy Court, N.D. Texas · 2012

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