Legal Opinion
Harvey Gulf International Marine Inc. v. ATP Oil & Gas Corp. (In re ATP Oil & Gas Corp.)
United States Bankruptcy Court, S.D. Texas
Decided August 26, 2015No. CASE NO: 12-36187; ADVERSARY NO. 13-03244PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE
Bennu’s motion for summary judgment is granted. Harvey Gulf s alleged statutory hens do not constitute Senior Prior Liens under the relevant sale documents and Orders. Accordingly, Judgment will be granted to Bennu.
Summary of Opinion
The decisive issue before the Court is whether Harvey held a lien for work performed during 20012, to which Credit Suisse subordinated its lien rights. Credit Suisse only subordinated to valid liens, and only to specified liens then in existence. If Harvey Gulfs LOWLA lien does relate back to 2009, then…
2Cases cited17 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Turner v. Baylor Richardson Medical CenterCourt of Appeals for the Fifth Circuit · 2007
- Malacara v. GarberCourt of Appeals for the Fifth Circuit · 2003
- Brumfield v. HollinsCourt of Appeals for the Fifth Circuit · 2008
- Sossamon v. Lone Star State of TexasCourt of Appeals for the Fifth Circuit · 2009
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3Cited by2 opinions
- Atlantic Maritime Services LLCSDistrict Court, S.D. Texas · 2023
- Hornbeck Offshore Services, LLC v. ATP Oil & Gas Corp. (In re ATP Oil & Gas Corp.)United States Bankruptcy Court, S.D. Texas · 2016