Lien Creditor Status

15 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Quality Holstein Leasing v. McKENZIE
  752 F.2d 1009· 5th Cir.· 1985-02-11 ·cited 26×
  A bankruptcy trustee's strong-arm powers under 11 U.S.C. § 544 do not allow the trustee to retain property that the debtor obtained by fraud and upon which state law impressed a constructive trust, but fraud does not grant a creditor with an unperfected security interest superior
• United States v. Trigg
  465 F.2d 1264· 8th Cir.· 1972-08-17 ·cited 25×
  The United States' federal tax lien has priority over the bank's unperfected security interest and the indemnitors' claims because the bank failed to perfect its interest under state law and the indemnitors did not qualify for statutory 'super priority'.
• In re Kravitz
  278 F.2d 820· 3d Cir.· 1960-05-04 ·cited 24×
  The trustee in bankruptcy, as an ideal lien creditor under federal law, has rights superior to a seller seeking reclamation under Pennsylvania law, even if the buyer made fraudulent misrepresentations.
• In re Fed's. Inc.
  553 F.2d 509· 6th Cir.· 1977-04-19 ·cited 14×
  A seller's right of reclamation under UCC § 2-702 is a valid state-created ownership right, not an invalid statutory lien or disguised priority under the Bankruptcy Act, and is superior to the rights of a bankruptcy trustee.
• Brookhaven Bank & Tr. Co. v. Gwin
  253 F.2d 17· 5th Cir.· 1958-03-04 ·cited 14×
  The court held that the trustee's abandonment of the property restored the pre-bankruptcy priorities between the lienholders, and the judgment lien was superior to the chattel mortgage.
• In re Vintero Corp. v. Corporacion Venezolana de Fomento
  735 F.2d 740· 2d Cir.· 1984-05-29 ·cited 10×
  The court held that an unperfected security interest does not preclude a claim against the estate, and a non-recourse clause limits recovery to the security's proceeds, not a deficiency judgment.
• In re Bristol Assocs., Inc.
  505 F.2d 1056· 3d Cir.· 1974-11-05 ·cited 8×
  A lender taking a security interest in a lessor-borrower's lease and rents thereunder does not need to comply with Article 9 filing provisions to perfect its interest against a Receiver in bankruptcy.
• Uniroyal, Inc. v. Universal Tire & Auto Supply Co.
  557 F.2d 22· 1st Cir.· 1977-06-20 ·cited 6×
  Uniroyal, Inc. is not entitled to be recognized as a lien creditor because its security interest was not perfected due to improper filing. The court rejected arguments for equitable balancing of interests.
• In re Schalk v. Belle-Bland Bank
  592 F.2d 993· 8th Cir.· 1979-01-29 ·cited 4×
  A buyer's failure to obtain an assigned certificate of title for a motor vehicle under Missouri law renders the sale void, precluding title transfer. A bank's perfected security interest in a vehicle predates a bankruptcy trustee's hypothetical lien creditor status.
• In re Freeman
  294 F.2d 126· 3d Cir.· 1961-07-25 ·cited 4×
  A seller of merchandise on credit cannot obtain a lien under the New Jersey Factors' Lien Act, as the Act is intended to protect financiers who lend or advance money.
• The City Nat'l Bank & Tr. Co. v. Oliver
  230 F.2d 686· 10th Cir.· 1956-02-01 ·cited 4×
  A Chapter XIII trustee possesses the rights of a lien creditor under Section 70(c) of the Bankruptcy Act, allowing avoidance of an unrecorded chattel mortgage for the benefit of general creditors.
• In re Daylin, Inc. v. Daylin, Inc.
  596 F.2d 853· 9th Cir.· 1979-05-08 ·cited 3×
  The court held that the seller's right of reclamation under U.C.C. § 2-702 is not barred by the Bankruptcy Act, even when the state statute includes "or lien creditor" provisions.
• In re Hamilton Steel Prods., Inc. v. Nathan Yorke in Bankr. of the Est. of Hamilton Steel Prods., Inc.
  376 F.2d 463· 7th Cir.· 1967-04-10 ·cited 2×
  The court held that MJDM's judgment lien was null and void against the bankruptcy trustee because the trustee's lien creditor status vested prior to MJDM's perfection of its lien.
• Esten v. Crules R. Cheek in Bankruptcy of the Estate of Joseph Esten
  254 F.2d 667· 9th Cir.· 1958-04-21 ·cited 2×
  A homestead declaration cannot be reformed to correct a material misdescription of the property after a bankruptcy petition is filed, as the trustee gains the rights of a lien creditor at that point.
• In re Dee's, Inc.
  311 F.2d 619· 3d Cir.· 1962-12-19
  The court held that the trustee of the transferee corporation (Dee's) had superior rights under Section 70(c) of the Bankruptcy Act because its bankruptcy petition was filed first, cutting off the transferor's trustee's claims.