Legal Opinion

Donahue v. Gunner, LLC

Court of Appeals for the Ninth Circuit

Decided August 9, 2006No. 04-35992PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM **

Gunner, LLC appeals the district court’s decision affirming the bankruptcy court’s order granting Trustee Terrence Donahue’s motion for summary judgment; avoiding Gunner’s lien on and subsequent purchase of Debtors Steve and Ginger Wentworth’s mobile home; and allowing Donahue to recover the value of the mobile home for the bankruptcy estate. Gunner argues that because its lien was enforced at a foreclosure sale before the Went-worths filed for bankruptcy, the bankruptcy court erred in holding that its lien was avoidable as a statutory lien pursuant to 11 U.S.C. § 545. Gunner…

2Cases cited3 opinions

  1. Cusano v. KleinCourt of Appeals for the Ninth Circuit · 2001
  2. In Re a & R Wholesale Distrib., Inc.United States Bankruptcy Court, D. New Jersey · 1999
  3. Driskill v. Hutchinson, Hutchinson & Hudgins (In Re Furniture Discount Stores, Inc.)United States Bankruptcy Court, N.D. Texas · 1980

3Cited by3 opinions

  1. Godley v. Open Grounds Farm, Inc. (In re Godley)United States Bankruptcy Court, E.D. North Carolina · 2014
  2. Luis Michael VirellaUnited States Bankruptcy Court, D. New Jersey · 2024
  3. Virella v. TLOA of New Jersey, LLCUnited States Bankruptcy Court, D. New Jersey · 2024

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