Tag Archives: priority of interests

Agricultural Liens: Better Figure out the Right i’s To Dot and t’s to Cross

Fishback Nursery, Inc. v. PNC Bank, N. A., 920 F.3d 932 (5th Cir. 2019) – In this priority dispute two nurseries sold trees and shrubs to a commercial wholesale farm that went bankrupt. They claimed their agricultural liens in the debtor’s … Continue reading

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Liquor License Sales: Who Gets the Money?

In re Aqua Pesca, LLC, 588 B.R. 241 (Bankr. D. Alaska 2018) – A chapter 7 trustee sought bankruptcy court authorization to distribute proceeds from the sale of a liquor license. The trustee proposed to distribute proceeds pro rata to creditors … Continue reading

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UCC Terminations: An “Oops” Filing Can Be Fatal

Crop Production Services, Inc. v. Wheeler (In re Wheeler), 580 B.R. 719 (Bankr. W.D. Ky. 2017) – A chapter 7 debtor was a farmer who obtained various loans for equipment and land and to put crops in the field. One of … Continue reading

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Structured Dismissal: Congress Does Not Hide Elephants in Mouseholes?

Czyzewski v. Jevic Holding Corp., 580 U.S. ____, 137 S.Ct. 973, __ L. Ed. 2d ___ (2017) – Settlement of LBO litigation led to a structured dismissal of a chapter 11 bankruptcy case that resulted in distributions to general unsecured creditors … Continue reading

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PACA Claims: Beware of PACA Trusts Providing Special Protection to Perishable Agricultural Commodities Sellers

S & H Packing & Sales Co., Inc. v. Tanimura Distrib., Inc. (In re Tanimura, Distrib., Inc.), 850 F.3d 446 (9th Cir. 2017) – Produce growers who sold to a debtor/distributor on credit sued a factoring agent that acquired accounts … Continue reading

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Recording Requirements: When “Duly Acknowledged” Is Not Enough

DeGiacomo v. First Call Mortgage Company (In re Reznikov), 548 B.R. 606 (Bankr. D. Mass. 2016) – A chapter 7 trustee sought to avoid a recorded mortgage based on a defective acknowledgment and then to preserve the lien of the … Continue reading

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Mortgage Priority: And What About Equitable Subrogation?

Stambaugh v. PNC Bank, N.A. (In re Stambaugh), 532 B.R. 572 (Bankr. M.D. Pa. 2015) – A chapter 13 debtor sought to establish the priority of certain mortgages, and the bank that held all of the mortgages attempted to reorder the … Continue reading

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