Skip to main content

§ 545

Cantwell, In re--Cantwell v. Wood

Mar
06
2024
Ruling
No lien arose under state law to for the trustee to avoid or preserve. (Bankr. W.D. Wash.)
Issue(s)
Statutory Liens.

ABI Membership is required to access the full summary of Cantwell, In re--Cantwell v. Wood Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 06, 2024 , LexisNexis #0524-040
LexisNexis Article
Learn More

R.C.A. Rubber Co., In re--Suhar v. Pension Benefit Guar. Corp.

Mar
26
2020
Ruling
Motion to dismiss trustee’s avoidance proceeding granted where lien at issue was a statutorylien that not be avoided as a preferential transfer. (Bankr. N.D. Ohio)
Issue(s)
Statutory Liens.

ABI Membership is required to access the full summary of R.C.A. Rubber Co., In re--Suhar v. Pension Benefit Guar. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 26, 2020 , LexisNexis #0520-041
LexisNexis Article
Learn More

Mainline Equip., Inc., In re--L.A. Cty. Treasurer & Tax Collector v. Mainline Equip., Inc.

Jul
31
2017
Ruling
Debtor could avoid County's liens as County could not enforce a lien on the personal propertyof the debtor in possession, when the County had failed to perfect the lien as against a bonafide purchaser. (9th Cir.)
Issue(s)
Statutory Liens; Unperfected or Unenforceable Liens.

ABI Membership is required to access the full summary of Mainline Equip., Inc., In re--L.A. Cty. Treasurer & Tax Collector v. Mainline Equip., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 31, 2017 , LexisNexis #0917-016
LexisNexis Article
Learn More

Leonard v. Murphy (In re Leonard)

Apr
08
2016
Ruling
Debtor could not avoid creditor's interest in cattle.
Issue(s)
Could debtor in possession avoid creditor's interest in cattle where an order for replevin had issued prior to petition date?

ABI Membership is required to access the full summary of Leonard v. Murphy (In re Leonard) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-024
LexisNexis Article
Learn More

Godley v. Open Grounds Farm Inc. (In re Godley)

Feb
05
2014
Ruling
Debtor could not avoid lien in favor of landlord that was extinguished upon payment seven months prior to petition date.
Issue(s)
Can debtors avoid a lien for rent in favor of landlord and therefore recover its value where the underlying obligation was satisfied seven months prior to petition date?

ABI Membership is required to access the full summary of Godley v. Open Grounds Farm Inc. (In re Godley) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 05, 2014 , LexisNexis #0214-125
LexisNexis Article
Learn More

Burr v. United States (In re Burr)

Apr
10
2007
Ruling
IRS tax lien was not avoidable as preference or otherwise.
Procedural posture

Defendant IRS filed a Fed. R. Civ. P. 56 motion for summary judgment on plaintiff debtor's adversary proceeding, which sought to avoid the tax lien of the IRS on the debtor's property as a preference pursuant to 11 U.S.C. § 547.

ABI Membership is required to access the full summary of Burr v. United States (In re Burr) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on April 10, 2007 , LexisNexis #0707-045
LexisNexis Article
Learn More

In re Tampas

Feb
08
2007
Ruling
Properly recorded prepetition judgment lien was not avoidable unless underlying criminal conviction was reversed on appeal.
Procedural posture

A chapter 7 trustee filed a motion under 11 U.S.C. § 545 to void the government's judgment lien.

ABI Membership is required to access the full summary of In re Tampas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on February 08, 2007 , LexisNexis #0407-005
LexisNexis Article
Learn More

In re Globe Bldg. Materials Inc.

Sep
08
2006
Ruling
State wage lien could be avoided where statute did not give precedence over bona fide purchasers.
Procedural posture

Appellants, the State of Wisconsin and its Attorney General, sought review of a decision of the District Court for the Northern District of Indiana affirming the bankruptcy court's grant of summary judgment in favor of appellee bankruptcy trustee in the trustee's adversary proceeding, seeking to set aside the State's wage lien asserted under Wis. Stat. § 109.09 on the net sale proceeds of the debtor's property.

ABI Membership is required to access the full summary of In re Globe Bldg. Materials Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on September 08, 2006 , LexisNexis #1006-022
LexisNexis Article
Learn More
Subscribe to %1