Legal Opinion
Western States Glass Corp. v. Barris (In Re Bay Area Glass, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided June 30, 2011No. BAP No. NC-10-1525-PaJuH. Bankruptcy No. 10-52701-SJPublishedCited by 12 opinions
1Opinion of the Court
PAPPAS, Bankruptcy Judge.
Creditor Western States Glass Corp. of Northern California (‘Western”) appeals the decision of the bankruptcy court disallowing its secured claim under § 502(d) 2 because its judgment lien constituted an avoidable preference under § 547(b). Because § 547(c)(9) does not create an exception to avoidance under these facts, we AFFIRM.
FACTS
On January 14, 2010, Western obtained a default judgment for $5,820.74 against Bay Area Glass, Inc. (“Debtor”), from the California Superior Court. 3 To aid in en forcing the judgment, Western obtained an “Order to Appear for…
2Cases cited19 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- Hamilton v. LanningSupreme Court of the United States · 2010
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
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3Cited by12 opinions
- Barnes v. Belice (In Re Belice)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Benafel v. One West Bank, FSB (In Re Benafel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Slobodian v. United States of America Internal Revenue ServiceCourt of Appeals for the Third Circuit · 2016
- Schwab v. Peddinghaus Corp. (In Re Excel Storage Products, L.P.)United States Bankruptcy Court, M.D. Pennsylvania · 2011
- United States Trustee v. Tamm (In Re Hokulani Square, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
7 more not listed; retrieve them via the Exa API.