Legal Opinion

Citizens Bank v. Federal Financial Services, Inc.

Court of Appeals of Georgia

Decided November 9, 1998No. A98A1541PublishedCited by 3 opinions

1Opinion of the Court

Beasley, Judge.

On stipulated facts, Federal Financial Services, Inc., sought a judgment declaring that it has a purchase money security interest with priority over the earlier perfected security interest of Citizens Bank of Americas in the same logging skidder. The court entered judgment in Federal Financial’s favor. The bank appeals.

Where conflicting security interests are perfected by the filing of financing statements, 1 the general rule under OCGA § 11-9-312 (5) is that they rank according to priority in time of filing. But under OCGA § 11-9-312 (4), a purchase money security interest in…

2Cases cited8 opinions

  1. North Platte State Bank v. Production Credit Ass'nNebraska Supreme Court · 1972
  2. International Harvester Co. v. Bank of CaliforniaCourt of Appeals of Washington · 1981
  3. United States v. Hooks (In Re Hooks)United States Bankruptcy Court, M.D. Georgia · 1984
  4. Continental Oil Co. v. SuttonCourt of Appeals of Georgia · 1972
  5. In Re HenningUnited States Bankruptcy Court, N.D. Illinois · 1987

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Northeast Bank v. Caterpillar Financial Services Corp. (In Re T & R Flagg Logging Inc.)United States Bankruptcy Court, D. Maine · 2009
  2. Coastal Bank v. Douglas Asphalt Co. (In re Galbreath Clearing & Grading, Inc.)United States Bankruptcy Court, S.D. Georgia · 2000
  3. Farmland Capital Solutions LLC v. Michigan Valley Irrigation CoMichigan Court of Appeals · 2021

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