Except as otherwise provided in Sections 9303 to 9306.2, inclusive, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:
(1)Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.
(2)While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection,
and the priority of a possessory security interest in that collateral.
(3)Except as otherwise provided in paragraph (4), while negotiable tangible documents, goods, instruments, or tangible money is located in a jurisdiction, the local law of that jurisdiction governs all of the following:
(A)Perfection of a security interest in the goods by filing a fixture filing.
(B)Perfection of a security interest in timber to be cut.
(C)The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral.
(4)The local law of the jurisdiction in which the
wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.
Notes of Decisions
In re Pac. Sunwest Printing, 6 B.R. 408 (Bankr. S.D. Cal. 1980).
· cites it 3× “See Cal.Com.Code § 9301(3) (West). Owing to this, West-guard assumes the posture of an unsecured creditor with respect to the Solna 224.”
Simon v. Chrysler Credit Corp. (In Re Babaeian Transp. Co.), 206 B.R. 536 (Bankr. C.D. Cal. 1997).
· cites it 2× “Cal.Com.Code § 9301(1) (West Supp.1996). Pursuant to these statutory provisions, the trustee takes priority over Chrysler Financial, if Chrysler Financial’s security interests are unperfected.”
Aura Sys., Inc. v. Barovich (In Re Aura Sys., Inc.), 347 B.R. 720 (Bankr. C.D. Cal. 2006).
“The consequence of Aura’s location in Delaware is specified in California Commercial Code § 9301(1), also adopted in 2001, which provides in relevant part: “while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection .”
Hawaii Motorsports LLC, No. 1:20-bk-10006 (Bankr. D. Mont. Dec. 7, 2020).
“Cal. Com. Code § 9301 (1); Mont. Code Ann.”
Cal. Commercial Code § 9301(1): 4 cases
Aura Sys., Inc. v. Barovich (In Re Aura Sys., Inc.), 347 B.R. 720 (Bankr. C.D. Cal. 2006).
“The consequence of Aura’s location in Delaware is specified in California Commercial Code § 9301(1), also adopted in 2001, which provides in relevant part: “while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection .”
Cal. Commercial Code § 9301(3): 2 cases
In re Pac. Sunwest Printing, 6 B.R. 408 (Bankr. S.D. Cal. 1980).
“See Cal.Com.Code § 9301(3) (West). Owing to this, West-guard assumes the posture of an unsecured creditor with respect to the Solna 224.”
Cal. Commercial Code § 9301(l)(b): 5 cases
In re Pac. Sunwest Printing, 6 B.R. 408 (Bankr. S.D. Cal. 1980).
“See Cal.Com.Code § 9301(3) (West). Owing to this, West-guard assumes the posture of an unsecured creditor with respect to the Solna 224.”
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