Black & White Cattle Co. v. Shamrock Farms Co. (In Re Black & White Cattle Co.)

HUGHES, Bankruptcy Judge,

dissenting;

I respectfully dissent.

*518I am not as confident as the trial court or Black & White Cattle Co. that the California courts would order Shamrock’s undisputed title forfeited in favor of a levying creditor. Furthermore, I believe the trial court’s judgment is premature even if I am mistaken on the forfeiture issue.

I

The state law must be examined in light of the material facts: (1) all of the cattle (with minor exceptions) were owned by Shamrock Farms Company before delivery to Black & White; (2) Black & White acknowledged Shamrock’s ownership in writing prior to…