Legal Opinion

In Re: Southern California Plastics, Inc., Debtor. Lawrence A. Diamant, Chapter 7 Trustee v. Vartan Kasparian

Court of Appeals for the Ninth Circuit

Decided January 20, 1999No. 97-55874PublishedCited by 45 opinions

1Opinion of the Court

D.W. NELSON, Circuit Judge:

Appellant Lawrence A. Diamant (“Trustee”) appeals the decision of the Bankruptcy Appellate Panel concluding that Vartan Ras-parian’s allowed claim is secure. Rasparían obtained a prejudgment attachment lien against the debtor’s property pursuant to California Civil Procedure Code § 488.500. Before Rasparían could proceed to judgment, the debtor filed for bankruptcy protection. The bankruptcy court allowed Rasparian’s claim as secured, and the BAP affirmed. The Trustee argues that Rasparian’s claim is unsecured because (1) the attachment lien was unperfected because…

2Cases cited16 opinions

  1. In Re Robert Burns Jensen Rosemary Tooker Jensen, Debtors. California Department of Health Services v. Robert Burns Jensen Rosemary Tooker JensenCourt of Appeals for the Ninth Circuit · 1993
  2. In Re Copper King Inn, Inc., Debtor. Trust Corporation of Montana v. Robert Patterson, John Noonan, James McDermand Donald Johnson, and Arthur WestCourt of Appeals for the Ninth Circuit · 1990
  3. In Re: Hal, Inc. Hawaiian Airlines Inc. West Maui Airport, Inc. Debtors. Hal, Inc. Hawaiian Airlines Inc. West Maui Airport, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1997
  4. Puissegur v. YarbroughCalifornia Supreme Court · 1946
  5. In Re Eastview Estates Ii, Debtor. Perry T. Christison, Trustee for Eastview Estates II v. The Norm Ross Company and Eli Perlman Realty CompanyCourt of Appeals for the Ninth Circuit · 1983

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3Cited by45 opinions

  1. Levander v. Prober (In re Levander)Court of Appeals for the Ninth Circuit · 1999
  2. Garner v. Shier (In Re Garner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  3. In Re: Cool Fuel,incorporated,debtor. Cool Fuel, Incorporated, a California Corporation v. Board of Equalization of the State of California,appelleeCourt of Appeals for the Ninth Circuit · 2000
  4. Litton Loan Servicing, LP v. Garvida (In Re Garvida)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  5. In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 1999

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