Nature of the Case
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Facts
D performed statutory inspections on aircraft owned by TWA Inc., TWA filed chapter 11. D filed a proof of claim for aircraft inspection services, reimbursable overtime inspections, and violations of animal welfare regulations. D asserts that it has a claim for aircraft inspection services in the amount of $296,277.25 in principal and $9,047.66 in interest. The proof of claim asserts that it is secured by a statutory lien pursuant to 21 U.S.C. § 136a. According to TWA, it is entitled to summary judgment to have D's claim reclassified as an unsecured claim pursuant to Bankruptcy Code § 545(2) because D did not record its lien in accordance with the requirements of the Federal Aviation Act of 1958 (the 'Act'), specifically, 49 U.S.C. §§ 44107 and 44108.
Holding and Decision
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Legal Analysis
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