Bankr. L. Rep. P 73,608, 12 Ucc rep.serv.2d 557 in Re Seaway Express Corp., Debtor. National Bank of Alaska, N.A. v. Warren L. Erickson, Trustee for Seaway Express Corporation

Good Law
912 F.2d 1125
United States Court of Appeals for the Ninth CircuitAugust 30, 199089-35872California2,791 words

Opinion

Opinion

912 F.2d 1125 Bankr. L. Rep. P 73,608, 12 UCC Rep.Serv.2d 557 In re SEAWAY EXPRESS CORP., Debtor. NATIONAL BANK OF ALASKA, N.A., Appellant, v. Warren L. ERICKSON, Trustee for Seaway Express Corporation, Appellee. No. 89-35872. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 6, 1990. Decided Aug. 30, 1990. Kimberly W. Osenbaugh, Bogle & Gates, Seattle, Wash., for appellant. Eugene J. Craig, Seattle, Wash., for appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel. Before WRIGHT, BEEZER and TROTT, Circuit Judges. BEEZER, Circuit Judge: 1 The National Bank of Alaska (NBA) appeals a decision of the Bankruptcy Appellate Panel (BAP), granting summary judgment to Erickson, trustee in the bankruptcy of Seaway Express Corp. (Seaway). NBA claims a priority interest in property owned by Seaway. The BAP rejected NBA's claim. We affirm. 2 * During 1985-86, NBA provided a line of credit to Seaway secured by a credit agreement. Under the agreement, Seaway's credit line was set as a percentage of its inventory and "eligible" accounts receivable (accounts less than 90 days old). NBA eventually loaned Seaway over $9 million, of which at least $6 million…

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