IN RE CYBERNETIC SERVICES, INC.

BAP No. CC-98-1690-PKRi. Bankruptcy No. SV 97-15576 AG.

239 B.R. 917 (1999)

In re CYBERNETIC SERVICES, INC., dba Silent Radio, Inc., Debtor. Byron Z. Moldo, Chapter 7 Trustee, Appellant, v. Matsco, Inc.; Matsco Financial Corporation; and Petitioning Creditors, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 29, 1999.


Attorney(s) appearing for the Case

David A. Greene, Saltzburg, Ray & Bergman, Los Angeles, CA, for Byron Z. Moldo, Chapter 7 Trustee.

James A. Tiemstra, Miller, Starr & Regalia, Walnut Creek, CA, for Matsco, Inc. and Matsco Financial Corp.

Paul M. Brent, Steinberg, Nutter & Brent, Santa Monica, CA, for Cybernetic Services, Inc.

Before: PERRIS, KLEIN and RIEGLE, Bankruptcy Judges.


OPINION

PERRIS, Bankruptcy Judge.

This appeal raises the question of whether perfection of a security interest in a patent requires a filing with the United States Patent & Trademark Office ("Patent Office"). The bankruptcy court decided that it did not, and granted the motion of Matsco, Inc. ("Matsco") and Matsco Financial Corporation ("Financial") for relief from the automatic stay2 to foreclose their patent lien...

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