Legal Opinion

Federal Deposit Insurance v. Kipperman (In Re Commercial Money Center, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 4, 2008No. BAP No. SC-07-1298-DCMo. Bankruptcy No. 02-09721. Adversary No. 03-90331PublishedCited by 13 opinions

1Opinion of the Court

OPINION

DUNN, Bankruptcy Judge.

The Federal Deposit Insurance Corporation (“FDIC”), as receiver for NetBank, FSB (“NetBank”), 3 appeals the bankruptcy court’s grant of summary judgment in favor of the chapter 7 trustee, avoiding Net-Bank’s security interest in rights to future payments due under various leases (“lease payments”) and in contract rights under the surety bonds guaranteeing the lease payments. 4 At issue in the appeal before us is whether NetBank perfected its security interests in the lease payments and the surety bonds so as to withstand the trustee’s avoidance powers under §§…

2Cases cited25 opinions

  1. Balint v. Carson CityCourt of Appeals for the Ninth Circuit · 1999
  2. Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1990
  3. Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  4. Giles v. General Motors Acceptance Corp.Court of Appeals for the Ninth Circuit · 2007
  5. In Re North American Coin & Currency, Ltd.Court of Appeals for the Ninth Circuit · 1985

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3Cited by13 opinions

  1. Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Gugino v. Clark's Crystal Springs Ranch, LLC (In re Clark)United States Bankruptcy Court, D. Idaho · 2014
  3. Charleston Assocs., LLC v. RA Se. Land Co. (In re Charleston Assocs., LLC)United States Bankruptcy Court, D. Nevada · 2018
  4. In Re WarkentinUnited States Bankruptcy Court, D. Oregon · 2011
  5. Abrams v. PG&E CorporationUnited States Bankruptcy Court, N.D. California · 2025

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