Problem.Perfection as to fixtures

     You represent a bank that agreed with Pompei Distilleries, Inc. to finance Pompei's acquisition of some new heavy equipment to be bolted to the floors of Pompei's distilleries in Nevada and California.  Pompei Distilleries, Inc. is incorporated in the state of Delaware.  The distilleries in each state are located on real property owned by Pompei, subject to deeds of trust in favor of another lender. Following review of the applicable Nevada and California law defining fixtures, you conclude that after the equipment is bolted to the floor it will still be considered equipment in Nevada and you think but are not positive that the equipment will be considered a fixture in California.  What should you advise your client to file and where should you advise your client to file in order to give it the greatest possible protection in a priority dispute with other creditors or in a bankruptcy proceeding?  U.C.C. 9-301, U.C.C. 9-501, U.C.C. 9-502(b), (c), U.C.C. 9-102(a)(44). 

     If your advice to the bank about the equipment to be installed in California had (erroneously) been that it would not become a fixture under California law and had your client, accordingly, filed a financing statement but not a fixture filing, what consequences would your client suffer in a priority dispute with the lender holding the deed of trust on the California real property? U.C.C. 9-334 (a)-(g); U.C.C. 9-604(c)-(d).  What consequences would your client suffer if the debtor filed a petition under Chapter 11 of the Bankruptcy Code?  U.C.C. 9-334(e)(3), Bankr. Code 544(a)(1).