United States First Circuit

Summary judgment for a bankruptcy trustee allowing the invocation of the "strong-arm" provision against an unrecorded, unperfected security interest in the chapter 11 debtor's assets is affirmed where: 1) the appellants' argument that Bankruptcy Code sections 547(c) and (e) are exceptions to section 544(b)'s avoidance provisions was foreclosed, since sections 547(c) and (e) do not constitute "generally applicable [relation-back] law"; 2) the bankruptcy court appropriately rejected appellant's argument that the involuntary chapter 11 case did not "commence" on December 12, but on January 21, 2004, once an order for relief had been entered; and 3) appellants' lack of diligence in recording their interest precluded equitable relief.

Appellate Information

• Decided 01/16/2007
• Published 01/16/2007

Judges

• CYR, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Melvin S. Hoffman, with whom Pamela A. Harbeson and Looney & Grossman LLP were on brief for appellants.


• For Appellees:
  
• David W. Ostrander, with whom Ostrander Law Office was on brief for appellee.