Duck v. Wells Fargo Bank, National Ass'n (In Re Spectra Prism Industries, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
KATZ, Bankruptcy Judge.
I
The question presented is whether a trustee in bankruptcy, as a judicial lien creditor pursuant to Bankruptcy Code § 544(a)(1), has standing to block the issuance of an order requiring a senior lienholder to marshal its collateral.
II
The debtors have three types of assets from which to satisfy claims of creditors: equipment, inventory, and accounts receivable. Heidelberg West, Inc. (“Heidelberg”), held the senior lien on the debtor’s equipment to secure a debt of $132,750. National Acceptance Company of California (“NACC”) held a blanket lien against all assets of the…
2Cases cited6 opinions
- In Re Knox-Powell-Stockton Co.Court of Appeals for the Ninth Circuit · 1939
- Sampsell v. StraubCourt of Appeals for the Ninth Circuit · 1952
- Victor Gruen Associates, Inc. v. Morris M. Glass and Hilda Glass, Irving Sulmeyer, Receiver, California Federal Savings and Loan AssociationCourt of Appeals for the Ninth Circuit · 1964
- D. K. Porter, Trustee in Bankruptcy of Abe Greenband v. Woodey B. Searle and Edlean E. SearleCourt of Appeals for the Tenth Circuit · 1955
- Forester v. StewardCourt of Appeals for the Ninth Circuit · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- In Re Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1985
- Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.)United States Bankruptcy Court, D. Minnesota · 1985
- Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
- Viet Vu v. Kendall (In Re Viet Vu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Bankr. L. Rep. P 71,102 in Re Center Wholesale, Inc. Owens-Corning Fiberglas Corp. v. Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1986
30 more not listed; retrieve them via the Exa API.