article 9 ucc sale
A Primer on UCC Article 9 Sales
The Article 9 Sale Timeline A secured creditor must take several steps to properly effectuate the sale of its collateral pursuant to Article 9 following a debtor’s default Although repossessions and collateral sales can differ individually all repossessions and sales will follow the same basic timeline |
UCC Article 9 Secured Party Sales
ARTICLE 9 SALES Article 9 sets out a framework that permits a secured creditor to repossess and dispose of its collateral efficiently and inexpensively while providing the debtor with various procedural protections The trigger for the sale is the debtor’s default on its obligations to the lender under the applicable loan documents |
Does Article 9 require a secured creditor to repair collateral?
While Article 9 does not require a secured creditor to repair collateral, a secured creditor must maximize proceeds and act in a commercially reasonable manner. Failure to make inexpensive repairs that would significantly increase the value of the collateral sale jeopardizes those objectives.
Can a business be sold using Article 9?
Inability to sell entire business. It is difficult and often impossible to sell an entire business using Article 9, particularly when the sale involves coordinating a conveyance of additional assets not subject to the secured creditor’s security interests.
What is Article 9 & how does it work?
Article 9 sets out a framework that permits a secured creditor to repossess and dispose of its collateral efficiently and inexpensively while providing the debtor with various procedural protections. The trigger for the sale is the debtor’s default on its obligations to the lender under the applicable loan documents.
What is Article 9 of the New York State UCC?
All section references contained in this Note refer to Article 9 of the New York State iteration of the UCC. Article 9 sets out a framework that permits a secured creditor to repossess and dispose of its collateral efficiently and inexpensively while providing the debtor with various procedural protections.
What Is Article 9?
Article 9 is an article under the Uniform Commercial Code (UCC) that governs secured transactions, or those transactions that pair a debt with the creditor’s interest in the secured property. Article 9 regulates the creation of security interests, and the enforcement of those interests, in movable or intangible property and fixtures. It encompasses
Understanding Article 9
The UCC is a standardized set of business laws that regulate financial contracts. It has been fully adopted by all states in the U.S., with the exception of Louisiana, though some states' legal codifications of the UCC do not exactly match the text of the official UCC. Louisiana has not fully ratified the code, although it has adopted a version of
Revisions to Article 9
The UCC undergoes periodic review and revision to clarify the laws and update the provisions based on new technologies and economic realities. In 2002, Article 9 was revised to substantially modernize and expand the scope of what can be used as collateral to include credit card receivables, electronic chattel paper, accounts receivable, and busines
UCC Article 9 Secured Party Sales
creditor's right under UCC Article 9 to enforce its security interest by foreclosing on its collateral after a debtor defaults (Article 9. Sale). |
A Primer on UCC Article 9 Sales
A Primer On UCC Article 9 Sales. Law360 New York (April 30 |
Enforcing Security Interests Outside of Bankruptcy: Remedies Under
6 sept. 2017 Article 9 of the UCC (“Article 9) provides a secured party with ... Foreclosure by Private Sale or Public Sale [9-610]:. |
Sales Under Article 9 of the Uniform Commercial Code Q2 2017
Among the remedies that Article 9 of the Uniform. Commercial Code provides to a secured party is the right under Section 9-610 |
Bast Amron
UCC Article 9 Sales: Florida. PRACTICAL LAW BANKRUPTCY & RESTRUCTURING AND JEREMY HART BAST AMRON LLP. A Q&A guide to Uniform Commercial Code. |
Dealing With Defaults Under Article 9 of UCC: A Players Guide for
A Step Sideways—The New Lender. K. The Article 9 Sale that is not an Article 9 Sale. L. Other Less Trodden Paths. M. Section 9-610 as a Touchstone. |
Buyer Beware: Purchaser of Assets in UCC Article 9 Foreclosure
22 mars 2011 The Second Circuit Court of Appeals held that a secured creditor who purchases a debtor's assets in an out- of-court foreclosure sale under ... |
Secured Party Sales Under Article 9 of the Uniform Commercial Code
24 févr. 2010 G. Sale discharges secured party's lien and subordinate liens ... SEcuRED PARty SALES uNDER u.c.c. ARticLE 9. 39. BANKRUPTCY'S CHALLENGES. |
Sales of Personal Property as Secured Transactions Under Article 9
The principal focus of Article 9 of the Uniform Commercial Code. (UCC) has always dealt with transactions intended by the parties to. |
Effect of the Uniform Commercial Code on Virginia Commercial Law
CLARK JR. CONDITIONAL SALES AND ARTICLE 9. The conditional sale is one of several common law and statutory security devices merged into what is |
UCC Article 9 Secured Party Sales - Hodgson Russ LLP
▫ Sale of collateral in a commercially reasonable manner ▫ Disposition of sale proceeds As with the general purpose of the UCC, Article 9 is intended to create |
A Primer on UCC Article 9 Sales - Hodgson Russ LLP
30 avr 2014 · All section references contained herein are to Article 9 of the New York state iteration of the UCC The Article 9 Sale Timeline A secured creditor |
UCC Article 9 Sales: Florida - Bast Amron
2 UCC Article 9 Sales: Florida Article 9 of the Uniform Commercial Code (UCC) provides various methods for a secured creditor to repossess collateral after |
Article 9 of the Uniform Commercial Code as It Relates to - CORE
U C C § 9-202 In terms of pre-Code security devices for tangible personal property, the article regulates conditional sales contracts, chattel |
Enforcing Security Interests Outside of Bankruptcy - Gibson Dunn
6 sept 2017 · Article 9 of the UCC (“Article 9) provides a secured party with choice of Foreclosure by Private Sale or Public Sale [9-610]: Commercial |
UCC Foreclosures on Collateral: Effectuating a Sale and - Strafford
17 nov 2014 · Sale and Evaluating Article 9 Alternatives Safe harbor for public sales notice – 9-613 Can be done in conjunction with UCC Sale to wipe |