Village Nurseries v. Gould (In Re Baldwin Builders)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Virginia Beach Federal Savings & Loan Ass'n v. WoodCourt of Appeals for the Tenth Circuit · 1990
24 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Khalil v. Developers Surety & Indemnity Co. (In Re Khalil)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Arnold v. Gill (In Re Arnold)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Kelley v. Locke (In Re Kelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- 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.