Legal Opinion
North Slope Borough v. Barstow (In re Bankruptcy Estate of MarkAir, Inc.)
Court of Appeals for the Ninth Circuit
Decided October 21, 2002No. Nos. 01-35892, 01-35901PublishedCited by 4 opinions
1Opinion of the Court
GRABER, Circuit Judge.
North Slope Borough and the Municipality of Anchorage (Creditors) held tax liens *1059on real property formerly owned by MarkAir, Inc., a Chapter 7 bankruptcy debtor. The Creditors seek part of the proceeds from a sale of that property by the debt- or’s estate. The Trustee of the estate, William Barstow, seeks to subordinate the Creditors’ tax-lien claims entirely to the claims of priority unsecured creditors pursuant to § 724(b) of the Bankruptcy Code, 11 U.S.C. § 724(b). We hold that, under § 724(b), priority unsecured creditors have a right to obtain only that portion of…
2Cases cited18 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
- Hector Montero-Martinez Gregorio Pedro Montero-Hernandez v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 2002
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
- Arthur N. ARONSEN, Plaintiff-Appellant, v. CROWN ZELLERBACH, a Corporation, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1981
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3Cited by4 opinions
- Selkirk Conservation Alliance v. ForsgrenCourt of Appeals for the Ninth Circuit · 2003
- In Re Bankruptcy Estate of Markair, Inc., Debtor. William Barstow, III v. United States Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 2002
- Habitat Education Center, Inc. v. United States Forest ServiceDistrict Court, E.D. Wisconsin · 2009
- In Re Bankruptcy Estate of Markair, Inc., Debtor. North Slope Borough v. William Barstow, Iii, Trustee for the Bankruptcy Estate of Markair, Inc., in Re Bankruptcy Estate of Markair, Inc., Debtor. Municipality of Anchorage v. William Barstow, Iii, Trustee for the Bankruptcy Estate of Markair, Inc.Court of Appeals for the Ninth Circuit · 2002