Legal Opinion
Wind Power Systems, Inc. v. Cannon Financial Group, Inc. (In re Wind Power Systems, Inc.)
Court of Appeals for the Ninth Circuit
Decided March 3, 1988No. 86-6746PublishedCited by 7 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
Cannon Financial Group, Inc. (“Cannon”) appeals the district court’s summary judgment affirming the Trustee in Bankruptcy’s avoidance of Cannon’s attachment lien. We reverse and hold that, under California law, the creation of an attachment lien by levy relates back to the date on which the creditor obtained a temporary protective order (“TPO”) covering the debtor’s assets. Even though the levy occurs during the ninety day preference period, such an attachment lien cannot be avoided by the Trustee as a preferential transfer or defeated by the Trustee’s strong-arm…
2Cases cited17 opinions
- Hormel v. HelveringSupreme Court of the United States · 1941
- Metcalf v. BarkerSupreme Court of the United States · 1902
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
- Harold J. Romain v. Admiral Harold Shear, Administrator of the Department of Transportation, Maritime AdministrationCourt of Appeals for the Ninth Circuit · 1986
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pitrat v. GarlikovCourt of Appeals for the Ninth Circuit · 1991
- Wien Air Alaska, Inc. v. BachnerCourt of Appeals for the Ninth Circuit · 1989
- Gregory v. Community Credit Co. (In Re Biggers)United States Bankruptcy Court, M.D. Tennessee · 2000
- Doub v. Hartford Fire Insurance (In Re Medlin)United States Bankruptcy Court, E.D. North Carolina · 1998
- In Re Wind Power Systems, Inc.Court of Appeals for the Ninth Circuit · 1988
2 more not listed; retrieve them via the Exa API.