In Re Omega Environmental Inc., a Delaware Corporation, Debtor v. Valley Bank Na
Court of Appeals for the Ninth Circuit
1Per curiam
Valley Bank issued an Irrevocable Standby Letter of Credit to Omega Environmental, Inc., in exchange for a promissory note payable to the Bank. The note was secured by a certificate of deposit (“CD”). The Bank received and honored a request for payment of the full amount of the Letter of Credit. The Bank later moved the bankruptcy court for an order terminating an automatic stay issued pursuant to 11 U.S.C. § 362 to permit it to enforce its right to payment of the CD against debtor Omega. Omega objected because the Bank failed to offer proof that it had perfected its security interest in the…
2Cases cited11 opinions
- In Re P.R.T.C., Inc., Debtor. Duckor Spradling & Metzger v. Baum TrustCourt of Appeals for the Ninth Circuit · 1999
- Coral Petroleum, Inc. v. Paribas (In Re Coral Petroleum, Inc.)United States Bankruptcy Court, S.D. Texas · 1985
- Bank IV Topeka, N.A. v. Topeka Bank & Trust Co.Court of Appeals of Kansas · 1991
- Prudential-Bache Securities, Inc. v. Bartow County BankCourt of Appeals of Georgia · 1988
- Kroh Operating Ltd. Partnership v. Barnett Bank of Southwest Florida (In Re Kroh Bros. Development Co.)United States Bankruptcy Court, W.D. Missouri · 1989
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- McFarland v. BrierSupreme Court of Rhode Island · 2004
- Morgan v. Farmers & Merchants BankSupreme Court of Alabama · 2003
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