24 Cited authorities

  1. United States v. Thornburg

    82 F.3d 886 (9th Cir. 1996)   Cited 72 times
    Holding even if the party holding the deed of trust instrument fails "to hand [it] over" to the note holder, the note holder has the right to foreclose
  2. In re Contractors Equipment Supply Co.

    861 F.2d 241 (9th Cir. 1988)   Cited 89 times   1 Legal Analyses

    No. 87-2967. Argued and Submitted June 14, 1988. Decided November 10, 1988. Edward P. Ballinger, Brown Bain, Phoenix, Ariz., for creditor-appellant. Charles W. Lowe, Davis Lowe, Phoenix, Ariz., for plaintiffs-appellees. Appeal from the United States District Court for the District of Arizona. Before SCHROEDER and WIGGINS, Circuit Judges, and STEPHENS, Senior District Judge. The Honorable Albert Lee Stephens, Jr., Senior District Judge for the Central District of California, sitting by designation

  3. Retail Clerks Welfare Trust v. McCarty

    908 F.2d 517 (9th Cir. 1990)   Cited 55 times
    Explaining the "well-established principle that a trustee who avoids an interest succeeds to the priority that interest enjoyed over competing interests"
  4. Lid Acquisition, LLC v. Lake at Las Vegas Joint Venture, LLC

    497 F. App'x 709 (9th Cir. 2012)

    No. 11-15403 D.C. No. 2:10-cv-01037-JCM-RJJ 10-24-2012 In re: LAKE AT LAS VEGAS JOINT VENTURE, LLC, Debtor, LID ACQUISITION, LLC, Appellant, v. LAKE AT LAS VEGAS JOINT VENTURE, LLC; TRANSCONTINENTAL CORPORATION; OFFICIAL COMMITTEE OF UNSECURED CREDITORS; LLV-1, LLC; CREDIT SUISSE, CAYMAN ISLANDS BRANCH, Appellees. NOT FOR PUBLICATION MEMORANDUM This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Appeal from the United States District Court

  5. Zelpro Assembly Solutions, LLC v. Stingl Prods. LLC

    No. 3:11-cv-00519-ST (D. Or. Aug. 31, 2011)

    No. 3:11-cv-00519-ST 08-31-2011 ZELPRO ASSEMBLY SOLUTIONS, LLC et al., Plaintiffs, v. STINGL PRODUCTS, LLC, et al., Defendants. MICHAEL W. MOSMAN OPINION AND ORDER MOSMAN, J., On August 5, 2011, Magistrate Judge Stewart issued her Findings and Recommendation ("F&R") [25] in the above-captioned case recommending that the motion to intervene filed by NAC Group, Inc. [15] be granted. No objections were filed. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party

  6. Bank of Eastern Oregon v. Griffith

    101 Or. App. 528 (Or. Ct. App. 1990)   Cited 14 times
    Stating that an intent to waive an existing right under a contract must be manifested by unequivocal acts
  7. In re Evergreen Valley Resort, Inc.

    23 B.R. 659 (Bankr. D. Me. 1982)   Cited 19 times
    Finding transfer was security interest due to debtor's retained interest
  8. State ex rel. Adult & Family Services Division v. Lester

    608 P.2d 588 (Or. Ct. App. 1980)   Cited 8 times

    No. 54465, CA 14606 Argued and submitted October 12, 1979 Affirmed March 24, 1980 Appeal from Circuit Court, Linn County. Wendell H. Tompkins, Judge. James C. Rhodes, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem. Richard L. King, Portland, argued the cause and filed the brief for respondent. Before Tanzer, Presiding Judge, and Thornton and Campbell, Judges. TANZER, P

  9. Anderson v. Dep't. of Justice

    588 P.2d 1295 (Or. Ct. App. 1979)   Cited 5 times

    No. 76-212, CA 10597 Argued October 23, 1978 Affirmed January 15, 1979 Appeal from the Circuit Court, Douglas County, Don H. Sanders, Judge. Melinda L. Bruce, Assistant Attorney General, Salem, argued the cause for appellant. With her on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem. F. William Honsowetz, Eugene, argued the cause for respondent Homemakers Finance and Real Estate Loans. With him on the brief was Gardner, Honsowetz Johnson, Eugene

  10. Imperial Carpet Mills v. Hawley

    497 P.2d 658 (Or. 1972)   Cited 2 times
    Holding that the "normal effect" of assignments is "to transfer whatever rights the assignor has against obligor"
  11. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,085 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"
  12. Section 71.2010 - General definitions

    ORS § 71.2010   Cited 118 times
    Defining a security interest as "an interest in personal property or fixtures which secures payment or performance of an obligation"
  13. Section 79.0203 - UCC 9-203. Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites

    ORS § 79.0203   Cited 16 times
    Setting forth requisites of an enforceable security interest
  14. Section 79.0102 - UCC 9-102. Definitions and index of definitions

    ORS § 79.0102   Cited 14 times
    Defining "secured party" as " person in whose favor a security interest is created or provided for under a security agreement."
  15. Section 79.0109 - UCC 9-109. Scope

    ORS § 79.0109   Cited 8 times

    (1) Except as otherwise provided in subsections (3) and (4) of this section, this chapter applies to: (a) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; (b) An agricultural lien; (c) A sale of accounts, chattel paper, payment intangibles or promissory notes; (d) A consignment; (e) A security interest arising under ORS 72.4010, 72.5050, 72.7110(3), or 72A.5080(5), as provided in ORS 79.0110; and (f) A security interest arising

  16. Section 79.0310 - UCC 9-310. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply

    ORS § 79.0310   Cited 6 times

    (1) Except as otherwise provided in subsection (2) of this section and ORS 79.0312(2), a financing statement must be filed to perfect all security interests and agricultural liens. (2) The filing of a financing statement is not necessary to perfect a security interest: (a) That is perfected under ORS 79.0308(4), (5), (6) or (7); (b) That is perfected under ORS 79.0309 when it attaches; (c) In property subject to a statute, regulation or treaty described in ORS 79.0311(1); (d) In goods in possession

  17. Section 72.2100 - Delegation of performance; assignment of rights

    ORS § 72.2100   Cited 5 times
    Providing that "[a]n assignment of `the contract' or of `all my rights under the contract' or an assignment in similar general terms is an assignment of rights"
  18. Section 79.0315 - UCC 9-315. Secured party's rights on disposition of collateral and in proceeds

    ORS § 79.0315   Cited 5 times

    (1) Except as otherwise provided in this chapter and in ORS 72.4030(2): (a) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and (b) A security interest attaches to any identifiable proceeds of collateral. (2) Proceeds that are commingled with other property are identifiable proceeds: (a) If the proceeds

  19. Section 80.010 - Assignment of chose in action; payment by debtor without notice

    ORS § 80.010   Cited 2 times

    Any bona fide assignment of a chose in action by way of sale or pledge made in writing for a good, valuable and adequate consideration is deemed completed at the time the writing is executed by the assignor and takes effect at the time of execution according to the terms of the writing without the giving of notice to the debtor therein mentioned unless such notice is required by statute; but if notice is not given to a debtor, and such debtor, without knowledge of the assignment pays or discharges

  20. Section 79.0204 - UCC 9-204. After-acquired property; future advances

    ORS § 79.0204   Cited 2 times

    (1) Except as otherwise provided in subsection (2) of this section, a security agreement may create or provide for a security interest in after-acquired collateral. (2) A security interest does not attach under a term constituting an after-acquired property clause to: (a) Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within 10 days after the secured party gives value; or (b) A commercial tort claim. (3) A security agreement may