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IN RE WALKER

No. 94-36182.

77 F.3d 322 (1996)

In re Delwin J. WALKER and Billie Janiece Walker, Debtors. L.D. FITZGERALD, Trustee, Plaintiff-Appellee, v. FIRST SECURITY BANK OF IDAHO, N.A., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 26, 1996.

Attorney(s) appearing for the Case

Craig W. Christensen, Pocatello, Idaho, for defendant-appellant.

Jim Spinner, Kay E. Moore, Service, Gasser & Kerl, Pocatello, Idaho, for plaintiff-appellee.

Before: NELSON and JOHN T. NOONAN, Jr., Circuit Judges, TANNER, District Judge.

NOONAN, Circuit Judge:

This case presents a straightforward question which has given rise to a split in the federal circuit courts: in bankruptcy, does the Bankruptcy Code's definition of when the transfer is perfected trump state law as to when a transfer is perfected?

We answer the question affirmatively, as has the Fifth Circuit, Matter of Hamilton, 892 F.2d 1230 (5th Cir.1990) but contrary to In re Hesser,

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