National Bank of Alaska, N.A. v. Seaway Express Corp. (In Re Seaway Express Corp.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
MEYERS, Bankruptcy Judge:
I
We are asked to decide whether an unrecorded interest in real property may be avoided under 11 U.S.C. § 544(a)(3) where the failure to record is attributable to an uncooperative debtor. We are also asked whether the prevailing party in such an action is entitled to attorney’s fees. The trial court answered the first question in the affirmative and the second question in the negative. We AFFIRM.
II
FACTS
National Bank of Alaska, N.A. (“National Bank”) extended credit to Seaway Express Corporation (“Seaway”) and received in return a perfected security interest in Seaway’s…
2Cases cited20 opinions
- In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
- QUALITY HOLSTEIN LEASING v. McKENZIECourt of Appeals for the Fifth Circuit · 1985
- Lafarge Conseils Et Etudes, S.A. v. Kaiser Cement & Gypsum Corp., Defendant-Counterclaimant/appellant v. The Howard P. Foley Company, Counterdefendant/appelleeCourt of Appeals for the Ninth Circuit · 1986
- In Re Coast Trading Company, Inc.Court of Appeals for the Ninth Circuit · 1984
- In Re General Coffee Corporation, Debtor. City National Bank of Miami and City National Bank Corporation v. General Coffee CorporationCourt of Appeals for the Eleventh Circuit · 1987
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3Cited by11 opinions
- Hyman v. Plotkin (In Re Hyman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
- Turner v. Davis, Gillenwater & Lynch (In Re Investment Bankers, Inc.)United States Bankruptcy Court, D. Colorado · 1991
- United States v. Fuller (In Re Fuller)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- All Blacks B v. v. GruntruckDistrict Court, W.D. Washington · 1996
- National Bank of Alaska, N.A. v. Erickson (In re Seaway Express Corp.)Court of Appeals for the Ninth Circuit · 1990
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