Legal Opinion
In Re Emerald Outdoor Advertising, Llc, Debtor, Tiffany Harrison, Creditor Gold Eagle Gaming Llc, Creditor v. Emerald Outdoor Advertising, LLC
Court of Appeals for the Ninth Circuit
Decided April 13, 2006No. 04-35647PublishedCited by 6 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge.
Peskind’s law holds: When there is uncertainty about where to file a security interest in order to perfect it, file everywhere. 1 This case illustrates the wisdom of that rule. In 1994, a deed of trust securing Indian trust land was recorded in the Office of the Auditor of Pierce County, Washington, the county in which the land is located. In 1995, a commercial lease of the land was recorded in the BIA Title Plant in Portland, Oregon. Which interest has priority — the deed of trust or the lease? We hold that federal law directs us to state law to determine priority,…
2Cases cited9 opinions
- Northwest South Dakota Production Credit Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1986
- In Re: Cybernetic Services, Inc., D/B/A Silent Radio, Inc., Debtor. Petitioning Creditors Byron Z. Moldo, Chapter 7 Trustee of the Estate of Cybernetic Services, Inc., Dba Silent Radio, Inc. ("Moldo") v. Matsco, Inc., in Re: Cybernetic Services, Inc., D/B/A Silent Radio, Inc., Debtor. Byron Z. Moldo, Chapter 7 Trustee v. Matsco, Inc., and Matsco Financial Corporation, Petitioning CreditorsCourt of Appeals for the Ninth Circuit · 2001
- United States of America, Plaintiff-Appellee-Cross-Appellant v. Trident Seafoods Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1996
- In Re: Katherine D. Weiner, Debtor. Steven L. Weiner v. Perry, Settles & Lawson, Inc.Court of Appeals for the Ninth Circuit · 1998
- McDonald v. MeansCourt of Appeals for the Ninth Circuit · 2002
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3Cited by6 opinions
- Yakama Nation v. Yakima CountyCourt of Appeals for the Ninth Circuit · 2020
- Grantham v. Cory (In Re Flamingo 55, Inc.)Court of Appeals for the Ninth Circuit · 2011
- Morton v. Kievit (In Re Vallecito Gas, LLC)United States Bankruptcy Court, N.D. Texas · 2010
- Grantham v. CoryCourt of Appeals for the Ninth Circuit · 2011
- Harrison v. Emerald Outdoor Advertising (In Re Emerald Outdoor Advertising)United States Bankruptcy Court, E.D. Washington · 2006
1 more not listed; retrieve them via the Exa API.