Legal Opinion

California Public Employees' Retirement System v. Stanton (In Re CP Holdings, Inc.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided September 14, 2006No. 06-6028WMPublished

1Opinion of the Court

KRESSEL, Chief Judge.

The trustee and CP Holdings, Inc. appeal from a bankruptcy court 1 order determining that California Public Employees’ Retirement System held a perfected security interest in the debtor’s claim against Kmart. We affirm.

BACKGROUND

In 1989, the debtor signed a promissory note for $12 million with Principal Mutual Life Insurance Company. Principal endorsed this note to CALPERS, which became the holder of the note at all times material to this case. The debtor secured the note in part by granting a Mortgage and an Assignment of Lease and Rents on three parcels of real estate…

2Cases cited5 opinions

  1. Jody Debold v. E. Rebecca Case, Chapter 7 TrusteeCourt of Appeals for the Eighth Circuit · 2006
  2. Circuit City Stores, Inc. v. Rockville Pike Joint Venture Ltd. PartnershipCourt of Appeals of Maryland · 2003
  3. Litzinger v. Estate of Litzinger (In Re Litzinger)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
  4. Block Properties Co. v. American National InsuranceMissouri Court of Appeals · 1999
  5. Winshall v. Ampco Auto Parks, Inc.District Court, E.D. Michigan · 1976

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