In re Omaha Aviation, Inc. (1983)
The official three-page memorandum, printed pages 37–39, decides the priority of a retained-possession aircraft repair lien against a bank’s earlier FAA-recorded security interest. Complete official memorandum.
Facts and disposition
The bank held a USD 45,000 security interest in a Beech V35A, executed August 19, 1980, filed with the FAA September 5 and recorded September 30. Omaha Aviation performed mechanical work in 1981 and retained the aircraft, without filing its artisan lien with the FAA. By agreement the plane went to the bank and the repair amount was placed in trust. The court granted the repairer’s summary judgment motion and awarded it USD 2,277.08 held in trust. Memorandum, pp. 37–39.
Holding and reasoning
Federal recording established the bank instrument’s validity, but did not itself determine competing state-law priority. Applying § 52-201 and former UCC § 9-310, the court held the repairer’s possessory lien senior while possession was maintained. It followed Cessna Finance Corp. v. Millard Aviation, 13 B.R. 15, 21 (D. Neb. 1981), and rejected the bank’s argument for automatic federal priority and its Article 9 exclusion argument. This was an aircraft lien-priority decision, not approval of a completed statutory sale or a private airport’s unrelated storage charges. Memorandum, pp. 38–39.
Current application and treatment boundary
The memorandum uses former 49 U.S.C. § 1403 and UCC § 9-310 numbering. Current state text is § 52-201 and UCC § 9-333; present federal registration and recording must be checked separately. Nonpossessory § 52-202 claims have different filing/priority conditions. The official opinion was read completely; no later appellate treatment establishing a general still-good-law certificate was obtained. Its court level, date, possession premise and actual disposition limit the proposition used in nebraska. § 52-201, § 52-202, current UCC.
Applies in →
nebraska · aircraft · ucc-article-9-dispositions
Legal information, not legal advice. Verify current law and later treatment against primary sources before acting.