Legal Opinion
Crocker National Bank v. Andrew (In Re Loretto Winery Ltd.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided October 6, 1987No. BAP NC-86-1999-MeMoV, NC-86-2010-MeMoVPublishedCited by 5 opinions
1Opinion of the Court
OPINION
MEYERS, Bankruptcy Judge:
I
This case involves the sole issue of whether a Producer’s Lien established by California law may be avoided by the trustee in bankruptcy under Section 545(2) of the Bankruptcy Code (“Code”). Section 545(2) requires a comparison of the lien-holder’s rights against the rights of a hypothetical bona fide purchaser. The Bankruptcy Court found that the lien was voidable because the bona fide purchaser could defeat the lienholder. We agree and affirm the decision of the Bankruptcy Court.
II
BACKGROUND
The relevant facts are not in dispute. In 1985, the Appellants…
2Cases cited12 opinions
- Caito v. United California BankCalifornia Supreme Court · 1978
- Saghi v. Walsh (In Re Gurs)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Lawrence v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- In Re Gilbert John Marino, Debtor. Placer Savings and Loan Association v. Edward M. Walsh, as Trustee in Bankruptcy of Gilbert John MarinoCourt of Appeals for the Ninth Circuit · 1987
- Smitton v. McCulloughCalifornia Supreme Court · 1920
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Saslow v. Andrew (In re Loretto Winery Ltd.)Court of Appeals for the Ninth Circuit · 1990
- McLean v. City of Philadelphia, Dept. of Revenue (In Re McLean)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- In Re Loretto Winery Limited, Debtor (Two Cases). Les Saslow, D/B/A Sun Valley Associates, Formerly Known as California Ranch Management Charles Tagliabue Ccrc Farms Chip Arnett Chris Miloslavich v. Paul B. Andrew, Trustee, Valley Farm Management, Inc., Individually and on Behalf of Equitable Life Assurance Society Richard R. Smith Ned Spieker J & L Farms, Inc. Hein Ranch Company v. Paul B. Andrew, TrusteeCourt of Appeals for the Ninth Circuit · 1990
- Ironworkers Combined Fund v. Society Bank of Eastern Ohio, N.A. (In re Gibbons-Grable Co.)United States Bankruptcy Court, N.D. Ohio · 1989
- In Re MillerUnited States Bankruptcy Court, D. Montana · 1994