(a)Except as otherwise provided in subdivision (b) and in subdivision (b) of Section 9312, a financing statement must be filed to perfect all security interests and agricultural liens.
(b)The filing of a financing statement is not necessary to perfect a security interest that satisfies any of the following conditions:
(1)It is perfected under subdivision (d), (e), (f), or (g) of Section 9308.
(2)It is perfected under Section 9309 when it attaches.
(3)It is a security interest
in property subject to a statute, regulation, or treaty described in subdivision (a) of Section 9311.
(4)It is a security interest in goods in possession of a bailee which is perfected under paragraph (1) or (2) of subdivision (d) of Section 9312.
(5)It is a security interest in certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under subdivision (e), (f), or (g) of Section 9312.
(6)It is a security interest in collateral in the secured party’s possession under Section 9313.
(7)It is a security interest in a certificated security which is perfected by delivery of the security certificate to the
secured party under Section 9313.
(8)It is a security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights which is perfected by control under Section 9314.
(9)It is a security interest in proceeds which is perfected under Section 9315.
(10)It is perfected under Section 9316.
(11)It is a security interest in, or claim in or under, any policy of insurance including unearned premiums which is perfected by written notice to the insurer under paragraph (4) of subdivision (b) of Section 9312.
(12)It is a security interest in chattel paper which is perfected by possession and control under Section 9314.1.
(c)If a secured party assigns a perfected security interest or agricultural lien, a filing under this division is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
Notes of Decisions
In re Duncan & Forbes Dev., Inc., 368 B.R. 27 (Bankr. C.D. Cal. 2006).
“In addition, a secured creditor commonly protects its interest with respect to a transfer by the borrower by negotiating a due on sale clause, pursuant to which the loan matures upon the transfer of the collateral to a new owner.”
In re K-Ram, Inc., 451 B.R. 154 (Bankr. D.N.M. 2011).
“, 610 F.3d 1063, 1066 (9th Cir.2010) (“In order to perfect its interest in the Cyber-Home accounts assigned to the Bank, the Bank was required to file a financing statement.”
Carmel Fin., LLC v. Schoenmann, 622 F. Supp. 3d 830 (N.D. Cal. 2022).
· cites it 2× “See Cal. Com. Code § 9310 (a) (“Except as otherwise provided in 17 subdivision (b) and in subdivision (b) of Section 9312, a financing statement must be filed to 18 perfect all security interests and agricultural liens.”
In re Mainline Equip., Inc., No. CC-14-1429-TaKuD (B.A.P. 9th Cir. Sept. 30, 2015).
“20 Com. Code §§ 9310(a), 9501. 21 Apparently, the California legislature, recognizing that 22 personal property liens were not typically recorded at the 23 county level, determined that it was inappropriate to infer 24 notice to third parties from a county level filing.”
Cal. Commercial Code § 9310(a): 5 cases
In re K-Ram, Inc., 451 B.R. 154 (Bankr. D.N.M. 2011).
“, 610 F.3d 1063, 1066 (9th Cir.2010) (“In order to perfect its interest in the Cyber-Home accounts assigned to the Bank, the Bank was required to file a financing statement.”
Carmel Fin., LLC v. Schoenmann, 622 F. Supp. 3d 830 (N.D. Cal. 2022).
“See Cal. Com. Code § 9310 (a) (“Except as otherwise provided in 17 subdivision (b) and in subdivision (b) of Section 9312, a financing statement must be filed to 18 perfect all security interests and agricultural liens.”
In re Mainline Equip., Inc., No. CC-14-1429-TaKuD (B.A.P. 9th Cir. Sept. 30, 2015).
“20 Com. Code §§ 9310(a), 9501. 21 Apparently, the California legislature, recognizing that 22 personal property liens were not typically recorded at the 23 county level, determined that it was inappropriate to infer 24 notice to third parties from a county level filing.”
Cal. Commercial Code § 9310(b)(3): 1 case
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