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Legal Opinion

City Bank and Trust Co. v. Otto Fabric, Inc.

District Court, D. Kansas

Decided February 9, 1988No. 85-4521-R, 85-40377PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a bankruptcy appeal. The central question is how one perfects a security interest in patents; more specifically, whether a federal filing is necessary to perfect a security interest in patents as against a trustee in bankruptcy. The salient facts are undisputed. In May 1983, the appellant, City Bank and Trust Company, received a security interest from the debt- or, Otto Fabric, Inc., in all contract rights, receivables and general intangibles. A financing statement describing the collateral was filed in the same month with the Secretary of…

2Cases cited9 opinions

  1. Waterman v. MacKenzieSupreme Court of the United States · 1891
  2. Potato Chip Institute, a Corporation, and Weaver Potato Chip Co., Inc., a Corporation v. General Mills, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1972
  3. Li'L' Red Barn, Inc. v. Red Barn System, Inc.District Court, N.D. Indiana · 1970
  4. In Re Transportation Design & Technology, Inc.United States Bankruptcy Court, S.D. California · 1985
  5. John Tuman & Sons, Inc. v. BasseCourt of Appeals for the Second Circuit · 1940

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3Cited by6 opinions

  1. 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
  2. National Peregrine, Inc. v. Capitol Federal Savings & Loan Ass'n of Denver (In Re Peregrine Entertainment, Ltd.)District Court, C.D. California · 1990
  3. Moldo v. Matsco, Inc. (In Re Cybernetic Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  4. Petitioning Creditors v. Matsco, Inc.Court of Appeals for the Ninth Circuit · 2001
  5. Braunstein v. Gateway Management Services Ltd. (In Re Coldwave Systems, LLC)United States Bankruptcy Court, D. Massachusetts · 2007

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