(a)In this section:
(1)“Purchase money collateral” means goods or software that secures a purchase money obligation incurred with respect to that collateral.
(2)“Purchase money obligation” means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact
so used.
(b)A security interest in goods is a purchase money security interest as follows:
(1)To the extent that the goods are purchase money collateral with respect to that security interest.
(2)If the security interest is in inventory that is or was purchase money collateral, also to the extent that the security interest secures a purchase money obligation incurred with respect to other inventory in which the secured party holds or held a purchase money security interest.
(3)Also to the extent that the security interest secures a purchase money obligation incurred with respect to software in which the secured party holds or held a purchase money security interest.
(c)A security
interest in software is a purchase money security interest to the extent that the security interest also secures a purchase money obligation incurred with respect to goods in which the secured party holds or held a purchase money security interest if both of the following conditions are satisfied:
(1)The debtor acquired its interest in the software in an integrated transaction in which it acquired an interest in the goods.
(2)The debtor acquired its interest in the software for the principal purpose of using the software in the goods.
(d)The security interest of a consignor in goods that are the subject of a consignment is a purchase money security interest in inventory.
(e)In a transaction other than a consumer-goods transaction, if the extent to
which a security interest is a purchase money security interest depends on the application of a payment to a particular obligation, the payment must be applied as follows:
(1)In accordance with any reasonable method of application to which the parties agree.
(2)In the absence of the parties’ agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment.
(3)In the absence of an agreement to a reasonable method and a timely manifestation of the obligor’s intention, in the following order:
(A)To obligations that are not secured.
(B)If more than one obligation is secured, to obligations secured by purchase money security
interests in the order in which those obligations were incurred.
(f)In a transaction other than a consumer-goods transaction, a purchase money security interest does not lose its status as such, even if any of the following conditions are satisfied:
(1)The purchase money collateral also secures an obligation that is not a purchase money obligation.
(2)Collateral that is not purchase money collateral also secures the purchase money obligation.
(3)The purchase money obligation has been renewed, refinanced, consolidated, or restructured.
(g)In a transaction other than a consumer-goods transaction, a secured party claiming a purchase money security interest has the burden of establishing
the extent to which the security interest is a purchase money security interest.
(h)The limitation of the rules in subdivisions (e), (f), and (g) to transactions other than consumer-goods transactions is intended to leave to the court the determination of the proper rules in consumer-goods transactions. The court may not infer from that limitation the nature of the proper rule in consumer-goods transactions and may continue to apply established approaches.
Notes of Decisions
Americredit Fin. Servs., Inc. v. Penrod, 611 F.3d 1158 (9th Cir. 2010).
· cites it 4× “The relevant language provides that “[a] security interest in goods is a purchase money security interest .”
In Re Valley Media, Inc., 279 B.R. 105 (Bankr. D. Del. 2002).
“§ 9-103(d) is enacted in the California Code at Cal. Com.Code § 9103(d) effective July 01, 2001 and reads in relevant part: "The security interest of a consignor in goods that are the subject of a consignment is a purchase money security interest in inventory.”
In Re Cohrs, 373 B.R. 107 (Bankr. E.D. Cal. 2007).
“Cal. Comm.Code § 9103 provides in relevant part: (a) In this section: (1) “Purchase money collateral” means goods .”
Aura Sys., Inc. v. Barovich (In Re Aura Sys., Inc.), 347 B.R. 720 (Bankr. C.D. Cal. 2006).
· cites it 2× “See Cal. Com.Code § 9103 (repealed 2001). However, in 2001, every state in the United States, including California, adopted substantial amendments to the UCC involving the perfection of security interests in personal property.”
First Nat'l Bank in Anoka v. Minnesota Util. Contracting, Inc. (In Re Minnesota Util. Contracting, Inc.), 101 B.R. 72 (Bankr. D. Minn. 1989).
“Under 9-103(3), goods are perfected according to law of the state in which the debtor is located if they are mobile and of a type normally used in more than one jurisdiction, such as motor vehicles, trailers, rolling stock, airplanes, shipping containers, road building and…”
Lease-A-Fleet, Inc. v. Wolk (In Re Lease-A-Fleet, Inc.), 151 B.R. 341 (Bankr. E.D. Pa. 1993).
“§ 9103(b), and identical California law (the state where the vehicles were located at all times relevant to this action), CAL.COMM.CODE, § 9103(2), which both state as follows: Perfection and the effect of perfection or non-perfection of the security interests are governed by…”
Lands v. Ericson (In Re Ericson), 6 B.R. 1002 (D. Minn. 1980).
“§ 44-3103; Cal.Com.Code § 9103 (West). 5 . Appellants also contend that the bankruptcy court failed to make a reasoned determination of Ericson’s likelihood of success on another issue in the trial of whether FNB received a voidable preference when it obtained its security…”
AmeriCredit Fin. Servs., Inc. v. Penrod (In Re Penrod), 636 F.3d 1175 (9th Cir. 2011).
· cites it 7× “A PMSI is defined in California Commercial Code § 9103 as, inter alia: ‘Purchase money obligation’ means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral…”
AmeriCredit Fin. Servs., Inc. v. Penrod, 636 F.3d 1175 (9th Cir. 2011).
· cites it 7× “A PMSI is defined in California Commercial Code § 9103 as, inter alia: ‘Purchase money obligation’ means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral…”
Cal. Commercial Code § 9103(2): 1 case
Lease-A-Fleet, Inc. v. Wolk (In Re Lease-A-Fleet, Inc.), 151 B.R. 341 (Bankr. E.D. Pa. 1993).
“§ 9103(b), and identical California law (the state where the vehicles were located at all times relevant to this action), CAL.COMM.CODE, § 9103(2), which both state as follows: Perfection and the effect of perfection or non-perfection of the security interests are governed by…”
Cal. Commercial Code § 9103(3): 2 cases
First Nat'l Bank in Anoka v. Minnesota Util. Contracting, Inc. (In Re Minnesota Util. Contracting, Inc.), 101 B.R. 72 (Bankr. D. Minn. 1989).
“Under 9-103(3), goods are perfected according to law of the state in which the debtor is located if they are mobile and of a type normally used in more than one jurisdiction, such as motor vehicles, trailers, rolling stock, airplanes, shipping containers, road building and…”
Cal. Commercial Code § 9103(a)(1): 2 cases
Cal. Commercial Code § 9103(a)(2): 4 cases
AmeriCredit Fin. Servs., Inc. v. Penrod (In Re Penrod), 636 F.3d 1175 (9th Cir. 2011).
“A PMSI is defined in California Commercial Code § 9103 as, inter alia: ‘Purchase money obligation’ means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral…”
AmeriCredit Fin. Servs., Inc. v. Penrod, 636 F.3d 1175 (9th Cir. 2011).
“A PMSI is defined in California Commercial Code § 9103 as, inter alia: ‘Purchase money obligation’ means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral…”
Cal. Commercial Code § 9103(d): 1 case
In Re Valley Media, Inc., 279 B.R. 105 (Bankr. D. Del. 2002).
“§ 9-103(d) is enacted in the California Code at Cal. Com.Code § 9103(d) effective July 01, 2001 and reads in relevant part: "The security interest of a consignor in goods that are the subject of a consignment is a purchase money security interest in inventory.”
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