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Third Circuit Denies Automatic Perfection of Oil Producer Liens

In a recently decided, but long-running dispute, the Third Circuit has found that oil producers do not hold automatically perfected security interests in product they sell to midstream intermediaries, nor are the proceeds generated through the subsequent sale of such product held in an implied trust for the benefit of the upstream producers.

7 minute read September 02, 2017 at 12:01 AM
By
Francis J. Lawall and Marcy McLaughlin
Third Circuit Denies Automatic Perfection of Oil Producer Liens

In a recently decided, but long-running dispute, the U.S. Court of Appeals for the Third Circuit has found that oil producers do not hold automatically perfected security interests in product they sell to midstream intermediaries, nor are the proceeds generated through the subsequent sale of such product held in an implied trust for the benefit of the upstream producers, as held in Arrow Oil & Gas v.

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