Legal Opinion
Kipperman v. Sutherland
United States Bankruptcy Court, S.D. California
Decided November 14, 2006No. Bankruptcy No. 05-15215-H7; Adversary No. 06-90235-H7PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION
JOHN J. HARGROVE, Bankruptcy Judge.
Chapter 7 trustee, Richard M. Kipper-man, (the “trustee”), filed this adversary proceeding against Sondra S. Sutherland (“Sutherland”) asserting claims for relief under § 544(a)(1), (2), and (3), § 545(2), and § 547(b).1
Sutherland moved for summary judgment contending 1) that her charging lien was valid and attached to the proceeds from the sale of debtor’s real property; and 2) that her FLARPL lien was perfected and not subject to a preference attack since it was given in the ordinary course of business. “[I]n an abundance of caution,”…
2Cases cited12 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Butner v. United StatesSupreme Court of the United States · 1979
- Hughes v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Cool Fuel, Incorporated v. William H. Connett, Etc.Court of Appeals for the Ninth Circuit · 1982
- Isrin v. Superior CourtCalifornia Supreme Court · 1965
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3Cited by1 opinion
- In Re BushUnited States Bankruptcy Court, S.D. California · 2006