Legal Opinion

Village Nurseries v. Gould (In Re Baldwin Builders)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 12, 1999No. BAP No. CC-97-1830-BRiJ, Bankruptcy Nos. ND 95-13057 RR, ND 95-13508 RRPublishedCited by 35 opinions

1Opinion of the Court

Opinion

BRANDT, Bankruptcy Judge.

Pre-petition, Village Nurseries, dba Southern Counties Landscape (“SCL”), recorded a mechanic’s lien against debtor’s real property. Under California law, a foreclosure action must be commenced on a mechanic’s lien within 90 days of recording, or the lien is null and void. Post-petition, SCL filed a foreclosure action on the recorded mechanic’s hen, but did not serve the complaint. SCL later recorded a second mechanic’s hen and filed a second foreclosure action, again without serving the complaint.

After a court-approved sale of the subject real property, SCL…

2Cases cited29 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  4. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  5. Virginia Beach Federal Savings & Loan Ass'n v. WoodCourt of Appeals for the Tenth Circuit · 1990

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3Cited by35 opinions

  1. Khalil v. Developers Surety & Indemnity Co. (In Re Khalil)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  2. Arnold v. Gill (In Re Arnold)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  3. Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  4. Kelley v. Locke (In Re Kelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  5. Beneficial California, Inc. v. Villar (In Re Villar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004

30 more not listed; retrieve them via the Exa API.

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