Saslow v. Andrew (In re Loretto Winery Ltd.)

898 F.2d 715, 1990 WL 22679
CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 12, 1990
DocketNos. 87-2928, 88-1767
StatusPublished
Cited by10 cases

This text of 898 F.2d 715 (Saslow v. Andrew (In re Loretto Winery Ltd.)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saslow v. Andrew (In re Loretto Winery Ltd.), 898 F.2d 715, 1990 WL 22679 (9th Cir. 1990).

Opinions

FLETCHER, Circuit Judge:

The trustee in bankruptcy of Loretto Winery Limited commenced the action that underlies this appeal to avoid statutory liens under 11 U.S.C. § 545. Les Saslow and Valley Farm Management, Inc., lien-holders under California’s producer’s lien statute, appeal the affirmance by the bankruptcy appellate panel (BAP) of summary judgments in favor of the trustee in bankruptcy. We have no jurisdiction over Sas-low’s appeal but reverse in Valley Farm’s.

JURISDICTION

Saslow filed his notice of appeal, 31 days after the bankruptcy appellate panel entered judgment. A prospective appellant must file notice of appeal within 30 days of the entry of judgment. 28 U.S.C. § 2107; Fed.R.App.P. 4(a).1 “The 30-day time limit is ‘mandatory and jurisdictional.’ ” Browder v. Director, Dep’t of Corrections, 434 U.S. 257, 264, 98 S.Ct. 556, 560, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 288, 4 L.Ed.2d 259 (I960)). We therefore do not have jurisdiction to hear Saslow’s appeal. Valley Farm’s appeal was timely, and we have subject matter jurisdiction under 28 U.S.C. § 158(d).

FACTS

The facts are not in dispute. Valley Farm sold grapes to Loretto Winery, which processed them for wine and wine products. In November 1985, eight days after Valley Farm’s last delivery to the winery, Loretto Winery filed for bankruptcy under Chapter 11 of the Bankruptcy Code. The case was later converted to Chapter 7, and appellee Paul Andrew was appointed trustee. He sued in bankruptcy court, seeking to avoid Valley Farm’s producer’s lien on partially processed grapes it had delivered to Loretto Winery. The bankruptcy court granted summary judgment in favor of the trustee, holding that 11 U.S.C. § 545(2) permits the trustee to avoid the producer’s lien. The bankruptcy appellate panel affirmed. In this appeal, Valley Farm argues that the trustee may not avoid the producer’s lien under § 545(2) and that summary judgment was thus improper. We agree.2

DISCUSSION

The Bankruptcy Code

Section 545 of the Bankruptcy Code, 11 U.S.C. § 545, dictates when a trustee [718]*718can avoid a statutory lien. Under subsection (1), the trustee can avoid liens that first arise only upon the debtor’s bankruptcy or insolvency. Congress has perceived such liens to be thinly disguised attempts to impose state-determined priorities in bankruptcy. The California producer’s lien law arises upon delivery of the products and does not depend on the processor’s financial downfall. Accordingly, the trustee cannot rely on subsection (1) to avoid the lien.

Subsection (2) allows the trustee to avoid a lien that “is not perfected or enforceable at the time of the commencement of the case against a bona fide purchaser that purchases such property at the time of the commencement of the case, whether or not such a purchaser exists” (the hypothetical bona fide purchaser test).3 This appeal focuses on this test’s application to the California producer’s lien. Because the trustee’s avoidance power is a question of law, we review de novo. In re New England Fish Co., 749 F.2d 1277, 1280 (9th Cir.1984). Whether the lien is enforceable against a bona fide purchaser is determined under state law. In re Phillips Constr. Co., 579 F.2d 431, 432 (7th Cir.1978) (upholding validity of mechanic’s lien); cf. In re Marino, 813 F.2d 1562, 1565 (9th Cir.1987) (powers of 11 U.S.C. § 544(a) bona fide purchaser of real property defined by state law).4

Appellee claims most broadly that, on a fundamental level, bankruptcy policy is frustrated if the producer’s lien gives producers priority over other creditors. A central policy of federal bankruptcy law is distribution of the bankrupt’s assets rat-ably among creditors. In re Lewis F. Shurtleff, Inc., 778 F.2d 1416, 1420 (9th Cir.1985). Federal bankruptcy law nevertheless also recognizes that social, economic, or political policy sometimes justifies deviations from a strict rule of equity. S.Rep. No. 1159, 89th Cong., 2d Sess., reprinted in 1966 U.S.Code Cong. & Admin. News 2442, 2456, 2456 (discussing 1966 amendments to Bankruptcy Act predecessor to section 545). Courts look to state law to determine the “underlying property interests and commercial arrangements” at issue in bankruptcy proceedings. Selby v. Ford Motor Co., 590 F.2d 642, 646 (6th Cir.1979) (citing Chicago Bd. of Trade v. Johnson, 264 U.S. 1, 10, 44 S.Ct. 232, 234, 68 L.Ed. 533 (1923)); see also In re Anchorage Int’l Inn, Inc., 718 F.2d 1446, 1451 (9th Cir.1983) (applying state law in determining that lien on liquor license survived section 545 avoidance).

Incorporating both of these policies into bankruptcy law results in natural tensions — not all creditors will end up in equal positions when state law diffentially values their interests in ways not preempted by federal bankruptcy law. States cannot, of course, baldly impose their own priorities on federal bankruptcy proceedings. See S.Rep. No. 1159, supra, at 2456-2462; 2 Norton on Bankruptcy Law & Practice § 31.01 (1981). Federal bankruptcy law does, however, bow to state statutory liens that meet certain criteria. The state preferences established in accordance with these lien statutes do not, therefore, conflict with federal bankruptcy policy; they are affirmatively a part of that policy if they survive the tests in section 545. As we said in addressing a trustee’s effort to avoid an Alaska lien, a supplier’s lien is but an example of an interest “in particular property, created pursuant to state statute[ ], that [is] fully respected by the general bankruptcy law”; the Alaska lien did “not conflict with the federal distribution scheme because there is no general federal policy against state-created liens that favor one class of creditors over others.” Anchorage Int’l Inn, 718 F.2d at 1451;

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Cite This Page — Counsel Stack

Bluebook (online)
898 F.2d 715, 1990 WL 22679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saslow-v-andrew-in-re-loretto-winery-ltd-ca9-1990.