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§ 546(b)

450 S. Western Ave., LLC, In re--Philmont Mgmt. v. 450 S. Western Ave., LLC

Nov
23
2021
Ruling
Bankruptcy court did not err in dismissing the complaint as it found that plaintiff had nottimely perfected its lien under California law nor had it preserved its lien by filing a timelynotice. (B.A.P. 9th Cir.)
Issue(s)
Limitations on Avoiding Powers; Perfection of Interest in Property.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 23, 2021 , LexisNexis #0122-066
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Avila, In re

Mar
21
2017
Ruling
Post-petition retention of debtor's vehicle did not violate automatic stay where a city's continued possession of the vehicle was an act to maintain perfection of its possessory statutory lien. (Bankr. N.D. Ill.)
Issue(s)
Limitations on Avoiding Powers; Perfection of Interest in Property; Nonbankruptcy Law; Maintenance or Continuance.

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Consumer opinion summary, case decided on March 21, 2017 , LexisNexis #0417-107
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Newhall Land Farming Co. v. American Heritage Landscape LP (In re LandSource Cmtys. Dev. LLC)

Aug
30
2012
Ruling
Notices filed by creditor contractor were sufficient to alert debtor of opposition to priming of liens by debtor in possession order.
Procedural posture

Plaintiff chapter 11 debtor sought a declaration that defendants did not hold valid secured claims in the form of mechanic's liens against the debtor's estate under 11 U.S.C.S. § 506(a). The parties filed cross-motions for summary judgment.

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Commercial opinion summary, case decided on August 30, 2012 , LexisNexis #1012-088
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Ostrander v. Gardner (In re Milivision Inc.)

Jan
16
2007
Ruling
Creditor's postpetition recording of financing statement did not relate back to date of loan.
Procedural posture

Appellant lenders made a loan to debtor. The next day, debtor's creditors filed an involuntary chapter 11 petition. Unaware of the bankruptcy petition, appellants did not record a financing statement relating to their loan until five days after the loan was made. The bankruptcy court permitted the trustee to invoke 11 U.S.C. § 547, the "strong-arm" provision, to avoid appellants'interest in debtor's assets. They appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 16, 2007 , LexisNexis #0207-095
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Warfield v. GMAC (In re Moore)

Oct
27
2006
Ruling
Trustee could avoid lien that did not fit within safe harbor provisions.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid the creditor's lien as an unauthorized postpetition transfer under 11 U.S.C. §§ 549 and 544(a). The trustee also moved to compel turnover of the proceeds of the creditor's sale of the vehicle.

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opinion summary, case decided on October 27, 2006 , LexisNexis #1206-109
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In re Marineau

May
18
2006
Ruling
Court deemed that creditor's refusal to release state garnishment lien took priority over trustee's avoidance powers and thus did not vioalte automatic stay.
Procedural posture

Movant debtors sought to release funds garnished by respondent creditor and turnover of the garnished funds. The creditor cross-moved for relief from the automatic stay under 11 U.S.C. § 362 so that it could complete its state court garnishment of the funds.

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opinion summary, case decided on May 18, 2006 , LexisNexis #0706-112
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