General Intangibles

19 Florida cases classified under this topic · sorted by citation count · browse and sort

• Sec. & Exch. Comm'n v. Elliott
  953 F.2d 1556· 11th Cir.· 1992-02-27 ·cited 54×
  The Eleventh Circuit certified to the Florida Supreme Court the question whether Florida tax certificates constitute interests in land excluded from Article 9 of the Uniform Commercial Code, or personal property general intangibles requiring financing statement perfection. Credit
• Tex. OIL & GAS Corp. v. The United States
  466 F.2d 1040· 5th Cir.· 1972-09-07 ·cited 34×
  The federal tax lien has priority over the bank's security interest in accounts receivable that were not acquired within 45 days of the tax lien filing.
• United States v. McGURN
  596 So. 2d 1038· Fla.· 1992-04-02 ·cited 19×
  The Florida Supreme Court held that a security interest in a liquor license is perfected solely by filing with the Division of Alcoholic Beverages and Tobacco under section 561.65(4), and does not require duplicate filing under the Uniform Commercial Code. This determination reso
• In re Sunberg
  729 F.2d 561· 8th Cir.· 1984-03-07 ·cited 16×
  The court held that benefits under the USDA payment-in-kind program were general intangibles pledged as security under an after-acquired clause in a prior security agreement, and federal regulations did not preempt this state law security interest.
• Biggins v. Sw. Bank
  490 F.2d 1304· 9th Cir.· 1973-12-07 ·cited 10×
  The court held that the bank's financing statement sufficiently described the collateral, its security interests in after-acquired property were valid, and its claim to the dealer reserve account was perfected, thus withstanding the trustee's challenge.
• In re Wambach v. Bankruptcy
  484 F.2d 572· 7th Cir.· 1973-07-18 ·cited 10×
  The court held that a collection of documents, including promissory notes, a guarantee, an absolute assignment of beneficial interest in a land trust, and a financing statement, when read together, can constitute a valid security agreement under the Uniform Commercial Code, even
• In re Nunnemaker Transp. Co., Inc. v. United Cal. Bank
  456 F.2d 28· 9th Cir.· 1972-02-11 ·cited 8×
  The dissenting judge would hold that the Bank's security interest was unperfected because the collateral was an 'account' requiring filing, and that a conflict exists between federal bankruptcy law and state law regarding antecedent debt.
• The Paramount Fin. Co. v. United States
  379 F.2d 543· 6th Cir.· 1967-06-28 ·cited 8×
  The court held that the lender's perfected purchase money security interest in the taxpayer's liquor license was superior to the IRS's tax lien.
• In re Apollo Travel, Inc. v. Salmen
  567 F.2d 841· 8th Cir.· 1977-12-29 ·cited 4×
  The court held that Republic's security interest did not extend to cover attorney fees and expenses incurred after the primary loans were repaid and bankruptcy intervened, as these contingent liabilities were not secured after repayment.
• Sec. & Exch. Comm'n v. Elliott
  620 So. 2d 159· Fla.· 1993-05-06 ·cited 3×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether Florida tax certificates constitute interests in land excluded from Article 9 of the Uniform Commercial Code. The Court held that tax certificates are statutory liens on real prope
• In re Branderhorst v. Cent. Iowa Prod. Credit Ass'n of Newton
  843 F.2d 311· 8th Cir.· 1988-04-05 ·cited 2×
  The court held that a financing statement's description of collateral as 'grain on hand' sufficiently identified PIK corn entitlements to perfect a security interest under Iowa law.
• Apple v. Miami Valley Prod. Credit Assoc. & Cont'l Grain Co.
  804 F.2d 917· 6th Cir.· 1986-10-30 ·cited 2×
  A security interest in 'farm products' under a UCC financing statement extends to a farmer's contractual entitlement to receive government surplus crops under the PIK program.
• United Va. Bank v. Slab Fork Coal Co.
  784 F.2d 1188· 4th Cir.· 1986-03-03 ·cited 2×
  Post-petition proceeds from a pre-petition contract are subject to a pre-petition security interest, even if the performance generating those proceeds occurred post-petition.
• In re O'Neill's Shannon Vill. v. Dorothy
  750 F.2d 679· 8th Cir.· 1984-12-17 ·cited 2×
  A valid security interest can be created in a South Dakota liquor license under the Uniform Commercial Code, and such an interest is enforceable against a bankruptcy trustee.
• Kapsch TrafficCom Ivhs, Inc. v. Fla. Dep't of Transp.
  249 So. 3d 693· Fla. 1st DCA· 2018-06-04
  A nonexclusive patent license is a covenant not to sue granting immunity from infringement liability, not a commodity or contractual service subject to Florida's competitive bidding requirements under section 287.057. Therefore, FDOT's $7 million license agreement with Neology fo
• J.V. Shields v. Equine Cap. Corp.
  607 So. 2d 468· Fla. 5th DCA· 1992-10-09
  Shields sought declaratory relief to establish his right to a stallion service certificate held by Equine Capital Corporation (ECC), which was necessary to register a thoroughbred foal. The trial court granted summary judgment for ECC based on its claimed security interest in the
• The Bank OF N. Ark. v. Owens
  884 F.2d 330· 8th Cir.· 1989-08-29
• Freightliner Mkt. Dev. Corp. v. Silver Wheel Freightlines, Inc.
  823 F.2d 362· 9th Cir.· 1987-07-29
  A security interest in a vehicle covered by a certificate of title is perfected exclusively by notation on the certificate, and equitable exceptions are not permitted. A security interest in general intangibles, including operating authorities, is perfected by filing a financing
• In re Leasing Consultants v. First Nat'l City Bank
  486 F.2d 367· 2d Cir.· 1973-09-25