Legal Opinion
McManus, Stewart, Ferraro & Schwarz, P.A. v. Bakst (In Re Sanchez-Casis)
United States Bankruptcy Court, S.D. Florida.
Decided April 11, 1989No. 19-11995PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Chief Judge.
Plaintiff requests a determination of the amount, validity and priority of its liens on the debtor’s property. The defendant trustee has answered and seeks by counterclaim to set aside the security interests granted by the debtor to the plaintiff as avoidable postpetition transfers. The matter was tried on March 21. I now conclude that the subject liens are voidable by the trustee under 11 U.S.C. § 549(a).
The facts are generally undisputed. The subject liens were granted by the debtor after the involuntary petition was filed on October 17,…
2Cases cited2 opinions
- Bankr. L. Rep. P 71,138 in Re Brass Kettle Restaurant, Inc., Debtor, Laurence H. Kallen, as Trustee v. Ash, Anos, Freedman & LoganCourt of Appeals for the Seventh Circuit · 1986
- Martin v. Schledwitz (In Re Butcher)United States Bankruptcy Court, E.D. Tennessee · 1986
3Cited by5 opinions
- In Re Geothermal Resources International, Inc., Debtor. Thomas I. Hamilton v. Thomas E. Lumsden, Chapter 11 Trustee of Geothermal Resources Int'l, Inc. New East Mesa Limited Partnership Geo East Mesa, Inc. Geo Science (Usa) Inc., in Re Geothermal Resources International, Inc., Debtor. Thomas I. Hamilton, and Ronald P. Baldwin v. Thomas E. Lumsden, Chapter 11 Trustee of Geothermal Resources Int'l, Inc. New East Mesa Limited Partnership Geo East Mesa, Inc. Geo Science (Usa) Inc.Court of Appeals for the Ninth Circuit · 1996
- In Re Audio Visual Workshop, Inc.United States Bankruptcy Court, S.D. New York · 1997
- Hamilton v. Lumsden (In re Geothermal Resources International, Inc.)Court of Appeals for the Ninth Circuit · 1996
- In Re Pucci Shoes, Incorporated, Debtor. Raymond A. Yancey v. Robert Varner Virginia VarnerCourt of Appeals for the Fourth Circuit · 1997
- In Re Pucci Shoes, Incorporated, Debtor. Raymond A. Yancey v. Robert Varner Virginia VarnerCourt of Appeals for the Fourth Circuit · 1997