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Opinion 630

Case Name: 

In re SoNev Construction, LLC

Judge: 
Judge Thurmann
Date: 
Jun-2-2022
Case Number(s): 
22-21037
Status: 

PUBLISHED

Body: 

The Court was required to determine the proper location to file a UCC Financing Statement in order to be properly perfected as a secured creditor. The Debtor at issue is a registered organization of Nevada, but has a principal place of business in Utah. The Creditor at issue filed a financing statement solely in the state of Utah. Based on the identical provisions of the UCC adopted by UT and NV, the Court determined that Nevada is the sole location to file a financing statement to perfect an interest in property, because the Debtor is a “registered organization” of Nevada and the UCC limited the location for perfecting an interest to solely the state of registration. Accordingly, the particular creditor was determined to not have a perfected security interest in the property.

Internal Ref: 
Opinion 630