Legal Opinion
Los Angeles County Treasurer & Tax Collector v. Mainline Equipment, Inc.
Court of Appeals for the Ninth Circuit
Decided July 31, 2017No. 15-60069PublishedCited by 1 opinion
1Opinion of the Court
OPINION
WARDLAW, Circuit Judge:
May the County of Los Angeles enforce a lien on the personal property of a Chapter 11 debtor in possession, when the County has failed to perfect the lien as against a bona fide purchaser? Under 11 U.S.C. § 545(2), the answer is no, as the Bankruptcy Appellate Panel (“BAP”) held in reliance on our decision in County of Humboldt v. Grover (In re Cummins), 656 F.2d 1262 (9th Cir. 1981), which remains good law.
I
Mainline Equipment, Inc., dba Consolidated Repair Group (“Mainline”) was in the business of manufacturing, repairing, and selling cable television equipment.…
2Cases cited12 opinions
- Rose v. State of CaliforniaCalifornia Supreme Court · 1942
- TC Heartland LLC v. Kraft Foods Group Brands LLCSupreme Court of the United States · 2017
- In Re Roberts Farms, Inc.Court of Appeals for the Ninth Circuit · 1981
- In Re Focus Media, Inc., Debtor, Focus Media, Inc. v. National Broadcasting Company Inc. Abc Inc. Paxson Communications Inc.Court of Appeals for the Ninth Circuit · 2004
- San Francisco Taxpayers Assn. v. Board of SupervisorsCalifornia Supreme Court · 1992
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3Cited by1 opinion
- In re: Eliminator Custom Boats, Inc. Robert D. LeachUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2019