Barovich

Barovich v. Aura Systems, Inc.

Good Law
286 F. App'x 446
United States Court of Appeals for the Ninth CircuitJuly 25, 2008Nos. 07-55573, 07-55745California238 words

Opinion

Lead Opinion

MEMORANDUM **

The district court properly affirmed the bankruptcy court’s determination that Ba-rovich’s filing of a Notice of Judgment Lien in California was not a valid means to create a judicial lien against the California personal property of Aura Systems, Inc., a Delaware corporation. See Cal.Code Civ. Proc. §§ 697.510, 697.530; Cal. Com.Code §§ 9301(1), 9307(e); 6 Del. C. §§ 9-301, 9-501(a). The bankruptcy court correctly stated:

In re Aura Systems, Inc., 347 B.R. 720, 725 (Bankr.C.D.Cal.2006).

The district court properly affirmed the bankruptcy court’s determination that Barovich’s claim was not secured by real estate purportedly owned by Aura Realty, Inc. because the real estate had been sold to a good faith purchaser pursuant to a bankruptcy court order. Because the relief that Barovich seeks would unwind the sale, the mootness rule of 11 U.S.C. § 363 (m) applies. See Onouli-Kona Land Co. v. Estate of Richards (In re Onouli-Kona Land Co.), 846 F.2d 1170, 1172-73 (9th Cir.1988).

The bankruptcy court did not abuse its discretion in denying Barovich’s motions to compel further discovery because Barovich failed to demonstrate that additional discovery would have resulted…

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