Thomas v. Gough

Good Law
466 F.2d 51·11 U.C.C. Rep. Serv. (West) 257·1972 U.S. App. LEXIS 7570
United States Court of Appeals for the Ninth CircuitSeptember 13, 197225848California1,495 words

Opinion

Opinion

466 F.2d 51 11 UCC Rep.Serv. 257 In the Matter of Burris Haley THOMAS, also known as West Coast Avionics, Bankrupt. VAN DUSEN ACCEPTANCE CORPORATION, Appellant, v. Kerry M.GOUGH, Trustee in Bankruptcy and Appellee. No. 25848. United States Court of Appeals, Ninth Circuit. Sept. 13, 1972. Robert C. Hays (argued), of Cross, Brandt, Hays & Brown, San Francisco, Cal., for appellant. Lynn Anderson Koller (argued), Milton Maxwell Newmark, Lafayette, Cal., for appellee. Before: DUNIWAY and TRASK, Circuit Judges, and FERGUSON, * District Judge. DUNIWAY, Circuit Judge: 1 Appellant Van Dusen Acceptance Corporation claims a security interest in certain personal property of the bankrupt Thomas. That interest was declared invalid by the trial court, on application of the Trustee in Bankruptcy, because the financing statement did not meet the California statutory requirements for perfecting such an interest. In re Thomas, N.D.Cal., 1970, 310 F. Supp. 338 . We affirm. 2 To perfect a security interest of the type here involved, Sec. 9401(1)(c) of the California Commercial Code requires that a financing statement be filed with the Secretary of State. The content of the statement is prescribed…

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