Unpublished Disposition, 914 F.2d 261 (9th Cir. 1990)

APRICOT PRODUCERS OF CALIFORNIA, a nonprofit corporationPlaintiff-Appellantv.SACRAMENTO FOODS, INC., a California corporation Defendant-Appellee

Nos. 88-2749, 88-2939.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 3, 1989.Decided Sept. 11, 1990.

Before POOLE, REINHARDT and O'SCANNLAIN, Circuit Judges.

MEMORANDUM¹

We reverse the decision of the district court in these appeals and remand to the bankruptcy court for reconsideration in light of Saslow v. Andrew (In re Loretto Winery Ltd.), 898 F.2d 715 (9th Cir. 1990), and Alvernaz Farms, Inc. v. Bank of California (In re T.H. Richards Processing Co.), No. 88-15318, slip op. 8515 (9th Cir. Aug. 8, 1990). Saslow held, contrary to the decision of both courts below, that the lien the debtor seeks to avoid in this case is not avoidable. In Alvernaz Farms, we held that a producer who agrees to alternative payment arrangements does not automatically release its producer's lien as a matter of law. See slip op. at 8525-35.

The debtor raised a number of defenses to the assertion of this lien which have been addressed only in part below. They are not appropriate for initial resolution in this court.

REVERSED and REMANDED.