Liens

LIENS – CALIFORNIA LAW

In re Conciecao

,

331 B.R. 885 (9th Cir. BAP 2005)

Abstract of judgment that did not contain the debtor’s social security number was invalid

under CCP § 674.

In re El Dorado Improvement Corp., 335 F.3d 835 (9th Cir. 2003)

Under California’s mechanics lien law, a private work is “accepted” by a public entity

Under Cal. Civ. Code § 3086 only if the approval results in the assumption of some public interest

in it.

In re Burns, 291 B.R. 846 (9th Cir. B.A.P. 2003)

Creditor’s service of Order to Appear for Examination on debtor alone was sufficient to

create lien in debtor’s settlement funds, even where funds were in possession of a third party.

In re Spirtos, 221 F.3d 1079 (9th Cir. 2000)

Under § 108(c), the period of duration of a judgment lien under CCP § 683.020 will not

expire until 30 days after all the assets in the debtor’s estate have been finally distributed.

In re Southern California Plastics, Inc., 165 F.3d 1243 (9th Cir. 1999)

Allowance of creditor’s claim did not perfect prejudgment attachment lien.

Fleet Credit Corp. v. TML Bus Sales, Inc., 65 F.3d 119 (9th Cir. 1995)

Lien priorities arising out of bankruptcy and fraudulent transfer – CCP § 708.410

In re Ralton, 139 B.R. 931 (9th Cir. B.A.P. 1992)

A charging order on a partnership = a judgment lien on debtor’s partnership interest. Lien

has priority over debtor-in-possession’s hypo lien status

Bluxome Street Assoc v. Fireman’s Fund Ins. Co., 206 Cal. App. 3d 1149, 254 Cal. Rptr. 198 (Cal.

App. 1988)

“Contractual lien” of attorney, even though unrecorded, has priority over judgment lien

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