Legal Opinion

Duck v. Wells Fargo Bank, National Ass'n (In Re Spectra Prism Industries, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 15, 1983No. BAP No. NC-82-1161-KVE, Bankruptcy Nos. 480-03942-H to 480-03944-HPublishedCited by 35 opinions

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

  1. In Re Knox-Powell-Stockton Co.Court of Appeals for the Ninth Circuit · 1939
  2. Sampsell v. StraubCourt of Appeals for the Ninth Circuit · 1952
  3. 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
  4. D. K. Porter, Trustee in Bankruptcy of Abe Greenband v. Woodey B. Searle and Edlean E. SearleCourt of Appeals for the Tenth Circuit · 1955
  5. Forester v. StewardCourt of Appeals for the Ninth Circuit · 1976

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

3Cited by35 opinions

  1. In Re Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1985
  2. Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.)United States Bankruptcy Court, D. Minnesota · 1985
  3. Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
  4. Viet Vu v. Kendall (In Re Viet Vu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  5. 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.

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