Legal Opinion

United California Bank, a California Corporation v. John M. England, as Trustee in Bankruptcy of Felden Industries, Inc.

Court of Appeals for the Ninth Circuit

Decided November 16, 1966No. 20035PublishedCited by 4 opinions

1Opinion of the Court

FOLEY, Jr., District Judge.

The Referee held that a chattel mortgage in favor of Appellant was invalid as against the Appellee, the Trustee in Bankruptcy. The District Court, on review, affirmed the Referee and this appeal followed. This Court has jurisdiction under Section 24 of the Bankruptcy Act (11 U.S.C. § 47).

The essential facts are these:

In June, 1962, in Alameda County, California, Cyclone Sandblast Equipment Company, hereinafter called “Cyclone”, became a creditor of Metal Fab Enterprises, Inc. On July 31, 1963, Metal Fab gave its note and chattel mortgage covering certain inanimate…

2Cases cited11 opinions

  1. Moore v. BaySupreme Court of the United States · 1931
  2. Noyes v. Bank of ItalyCalifornia Supreme Court · 1929
  3. Old Settlers Investment Co. v. WhiteCalifornia Supreme Court · 1910
  4. Hammels v. SentousCalifornia Supreme Court · 1907
  5. Talcott v. HurlbertCalifornia Supreme Court · 1904

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3Cited by4 opinions

  1. In Re SanfordDistrict Court, N.D. California · 1981
  2. Miller v. Martin (In Re Martin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  3. In the Matter of Bernard George Luther, Whose Wife is Virginia Marie Luther, Bankrupt. Ruth Tirk, Creditor-Appellant v. Robert A. Southwell, TrusteeCourt of Appeals for the Ninth Circuit · 1972
  4. Miller v. Martin (In Re Martin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982

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