In Re Wind Power Systems, Inc.

841 F.2d 288 17 Bankr.Ct.Dec. 621 , Bankr. L. Rep. P 72,217 In re WIND POWER SYSTEMS, INC., Debtor. WIND POWER SYSTEMS, INC., Plaintiff-counter-defendant-Appellee, v. CANNON FINANCIAL GROUP, INC., a Nevada corporation, Defendant-counter- plaintiff-Appellant. No. 86-6746. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 11, 1987. Decided March 3, 1988. As Amended on Denial of Rehearing and Rehearing En Banc June 15, 1988. Jonathan S. Dabbieri, Hillyer & Irwin, San Diego, Cal., for defendant-counter-plaintiff-appellant. William A. Bramley, III, Sullivan, Delafield, McDonald & Middendorf, San Diego, Cal., for the plaintiff-counter-defendant-appellee. Appeal from the United States District Court for the Southern District of California. Before O'SCANNLAIN and LEAVY, Circuit Judges, and WILLIAMS, * District Judge. O'SCANNLAIN, Circuit Judge: 1 Cannon Financial Group, Inc. ("Cannon") appeals the district court's summary judgment affirming the Trustee in Bankruptcy's avoidance of Cannon's attachment lien. We reverse and hold that, under California law, the creation of an attachment lien by levy relates back to the date on which the creditor obtained a…