In Re Marvin Properties, Inc.

854 F.2d 1183 In re MARVIN PROPERTIES, INC., dba Cut & Ready Foods, Debtor. CONSOLIDATED MARKETING, INC., Appellant, v. MARVIN PROPERTIES, INC., dba Cut & Ready Foods; Bank of California, Appellees. No. 87-2488. United States Court of Appeals, Ninth Circuit. Argued May 11, 1988. Submitted Aug. 8, 1988. Decided Aug. 19, 1988. Robert W. Shapiro, King, Johnson and Shapiro, Oakland, Cal., for appellant. Duane M. Geck, Severson, Werson, Berke and Melchior, San Francisco, Cal., for appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel. Before BROWNING, ALARCON and NORRIS, Circuit Judges. ALARCON, Circuit Judge: 1 In this adversary proceeding in bankruptcy, plaintiff-appellant Consolidated Marketing, Inc. (Consolidated) appeals from a Bankruptcy Appellate Panel (BAP) decision affirming a bankruptcy court order denying its motion for summary judgment and granting summary judgment for defendant-appellee Bank of California (BankCal). Consolidated contends that the bankruptcy court erred when it found that Consolidated had not given adequate notice to Marvin Properties, Inc., dba Cut & Ready Foods (debtor), to perfect a statutory trust under the Perishable…