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In re Perry

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eBook details

  • Title: In re Perry
  • Author : United States Court of Appeals for the Ninth Circuit
  • Release Date : January 02, 1973
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 46 KB

Description

DUNIWAY, Circuit Judge: On Petition for Rehearing California contends that its claimed lien falls within the second proviso of § 67(c)(1) (B) (11 U.S.C. § 107(c) (1) (B)). We conclude that it does not. It was not valid against judgment creditors at the date of bankruptcy. In re Century Vault Co., 3 Cir., 1969, 416 F.2d 1035, 1038 n. 10. State law does not require seizure to ""perfect"" the lien; rather, seizure is to enforce the lien. In re J. R. Nieves & Co., 1 Cir., 1971, 446 F.2d 188, 194. The proof of secured claim filed by the Board is not the equivalent of the notice contemplated by the proviso.


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