Issues

BASICS OF CREATION AND PERFECTION OF SECURITY INTERESTS UNDER term 9 OF THE UNIFORM COMMERCIAL CODE
Presented by Robert K. Weiler to the Onondaga County Bar connective (September 2006)

I.

Introduction. A. Article 9 of the Uniform Commercial Code was rewrite as of July 1, 2001

(sometimes the Code or Revised Article 9). The focus of this define is the creation and perfection of certificate diverts in business assets and the exercise of remedies.1 II. Significance of Security Interests. A. Effect of intervention As Unsecured Creditor. To understand the significance of

a certification interest, it is important to understand the legal process if a creditor does not watch security interest (i.e., is unsecured). If the creditor makes an unsecured loan or extends unsecured credit to a debtor, and the debtor defaults, then the creditor moldiness commence an action and obtain a image. After the judgment is obtained, the creditor cannot simply take the debtors property. It essential enforce its judgment by execution through the sheriff. CPLR 5201 et seq. This is often a difficult and ungratifying process. Even worse, the debtor may file for bankruptcy, in which event, that in rare cases, the unsecured creditors receive little, if any, recovery.

1 This outline is for educational purposes only.



It should not be relied upon as a resource to provide legal advice to clients or to draft documents. The practitioner must review the statute.

B.

Effect of Security Interests. 1. Basic Definition. A security interest is a right by a creditor to have a

specific item or items of property sold to reciprocate the debt owed to the secured party. In order to enforce a security interest against other creditors and in bankruptcy, the security interest must be properly created and perfected. 2. Perfection Generally. The most common example of a security interest is

a mortgage on rattling property. In order to be enforceable against other creditors or the bankruptcy trustee a...If you want to get a lavish essay, order it on our website: Orderessay



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