Equipment trusts: recordation; evidence of indebtedness
United States Code
Citation analytics
How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
★Highly CitedTop 7% most-cited · cited by 27 decisions
27
Citing decisions
6+
Courts citing
Citations by decade
1
11
7
5
3
1970s1980s1990s2000s2010s
Courts citing this statute
Most recently cited by10
- 2016Reed-Nickerson v. Yreka Western Railroad Co. CA3 Cal. Ct. App.
- 2012Andersons, Inc. v. Lafarge North America, Inc. 6th Cir.
- 2011Brotherhood of Maintenance of Way Employes Division/IBT v. Consolidated Rail Corp. D.N.J.
- 2008United Transportation Union v. Burlington Northern Santa Fe Railroad 9th Cir.
- 2003Pasteurized Eggs Corp. v. Bon Dente Joint Venture (In re Pasteurized Eggs Corp.) Bankr. D.N.H.
- 2003Meyer v. Capital Crossing Bank (In re California Western Railroad) Bankr. N.D. Cal.
- 2002In re Southern Illinois Railcar Co. Bankr. S.D. Ill.
- 2001Petitioning Creditors v. Matsco, Inc. 9th Cir.
- 1999Moldo v. Matsco, Inc. (In re Cybernetic Services, Inc.) B.A.P. 9th Cir.
- 1999International Ass'n of Machinists & Aerospace Workers v. M & B Railroad M.D. Ala.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
A mortgage (other than a mortgage under chapter 313 of title 46), lease, equipment trust agreement, conditional sales agreement, or other instrument evidencing the mortgage, lease, conditional sale, or bailment of or security interest in vessels, railroad cars, locomotives, or other rolling stock, or accessories used on such railroad cars, locomotives, or other rolling stock (including superstructures and racks), intended for a use related to interstate commerce shall be filed with the Board in order to perfect the security interest that is the subject of such instrument. An assignment of a right or interest under one of those instruments and an amendment to that instrument or assignment including a release, discharge, or satisfaction of any part of it shall also be filed with the Board. The instrument, assignment, or amendment must be in writing, executed by the parties to it, and acknowledged or verified under Board regulations. When filed under this section, that document is notice to, and enforceable against, all persons. A document filed under this section does not have to be filed, deposited, registered, or recorded under another law of the United States, a State (or its political subdivisions), or territory or possession of the United States, related to filing, deposit, registration, or recordation of those documents. This section does not change chapter 313 of title 46. The Board shall maintain a system for recording each document filed under subsection (a) of this section and mark each of them with a consecutive number and the date and hour of their recordation. The Board shall maintain and keep open for public inspection an index of documents filed under that subsection. That index shall include the name and address of the principal debtors, trustees, guarantors, and other parties to those documents and may include other facts that will assist in determining the rights of the parties to those transactions. The Board may to the greatest extent practicable perform its functions under this section through contracts with private sector entities. is duly constituted under the laws of a country other than the United States; and relates to property that bears the reporting marks and identification numbers of any person domiciled in or corporation organized under the laws of such country, Interests with respect to which documents are filed or recognized under this section are deemed perfected in all jurisdictions, and shall be governed by applicable State or foreign law in all matters not specifically governed by this section. The Board shall collect, maintain, and keep open for public inspection a railway equipment register consistent with the manner and format maintained by the Interstate Commerce Commission as of January 1, 1996. A mortgage, lease, equipment trust agreement, conditional sales agreement, or other instrument evidencing the mortgage, lease, conditional sale, or bailment of or security interest in vessels, railroad cars, locomotives, or other rolling stock, or accessories used on such railroad cars, locomotives, or other rolling stock (including superstructures and racks), or any assignment thereof, which— (Source: (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 837; amended Pub. L. 104–287, § 5(25), Oct. 11, 1996, 110 Stat. 3390.))