Legal Opinion
In Re Pasquale Alberto, Debtor. Appeal of Maryland National Bank
Court of Appeals for the Third Circuit
Decided June 30, 1987No. 86-5383PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge.
In this case, we must decide whether the lien of a ship mortgage properly filed with the United States Coast Guard more than 90 days before the ship mortgagor filed a bankruptcy petition may be defeated by the bankruptcy trustee because the Coast Guard did not record the ship mortgage until after the bankruptcy petition was filed. We conclude that, under the Ship Mortgage Act of 1920 (“SMA”), 1 a ship mortage is valid against third parties when it has been properly filed for recordation with the Coast Guard and retained by the Coast Guard in a…
2Cases cited30 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- The J. E. RumbellSupreme Court of the United States · 1893
- Detroit Trust Co. v. the Thomas BarlumSupreme Court of the United States · 1934
- Whitney v. ButlerSupreme Court of the United States · 1886
- William R. McCorkle and Jeane D. McCorkle v. The First Pennsylvania Banking and Trust CompanyCourt of Appeals for the First Circuit · 1972
25 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Harbour Lights Marina, Inc. v. WandstratDistrict Court, S.D. Ohio · 1993
- United States v. ZP ChandonCourt of Appeals for the Ninth Circuit · 1989
- Chase Manhattan Financial Services, Inc. v. McMillianCourt of Appeals for the Tenth Circuit · 1990
- McLean v. City of Philadelphia, Dept. of Revenue (In Re McLean)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Carlyle v. City of Philadelphia Water Revenue Bureau (In Re Carlyle)United States Bankruptcy Court, E.D. Pennsylvania · 1989
17 more not listed; retrieve them via the Exa API.