Cases, Problems and Materials on Security Interests in Personal Property

by Honnold, John; Harris, Steven L.; Mooney, Charles W.

• ISBN13: 9781566620086
• ISBN10: 1566620082
• Edition: 2nd
• Format: Hardcover
• Copyright: 1992-07-01
• Publisher: Foundation Pr

Table of Contents

Preface	v
Note on Sources and Citation Conventions	vii
Table of Statutes and Regulations	xxix
Table of Cases	li
General Introduction	1	(11)
Rights of Creditors, Owners, and Purchasers	12	(56)
The Rights of Unsecured Creditors	12	(4)
Seller's Power Over the Goods as Against Buyer	16	(6)
The Right to Withhold Delivery	17	(1)
The Right to Stop Delivery	17	(1)
The Right to Recover Delivered Goods	18	(4)
Seller's Power Over the Goods as Against Third Parties	22	(22)
Transfer of Interests in Goods: The Basic Rules	22	(11)
Rights of Reclaiming Seller as Against Third Parties	33	(6)
The Basic Conveyancing Rules in Other Settings	39	(5)
Good Faith Purchase of Rights to Payment	44	(11)
Good Faith Purchase of Documents of Title	55	(13)
Introduction to Secured Financing	68	(26)
Secured Financing in Context	68	(15)
Unsecured and Secured Credit	68	(4)
Patterns of Financing	72	(11)
Real Property Collateral, Guaranties of Payment, and Other Credit Enhancements	83	(1)
A Roadmap to Secured Transactions Under Uniform Commercial Code Article 9	83	(8)
Background; Ongoing UCC Revision	83	(2)
Scope of Article 9; Security Interests in Collateral	85	(1)
The Cast of Characters	86	(1)
Creation of a Security Interest: Attachment	87	(1)
Types of Collateral	87	(1)
Perfection and Priority	88	(1)
Enforcement	89	(1)
Reference Materials	90	(1)
The Roles of Lawyers in Secured Transactions	91	(3)
Establishment and Perfection of Security Interests	94	(129)
Financing Automobiles: A Prototype	94	(37)
Financing the Dealer's Inventory: The Setting	94	(1)
Creating and Perfecting Firstbank's Security Interest	95	(13)
Delivery of Automobiles: Assuring the Manufacturer of Payment	108	(2)
Diagram of Automobile Dealer Inventory Financing	110	(1)
Sales to Consumers	111	(8)
Perfecting the Security Interest in the New Car; The Certificate of Title	119	(6)
Repayment of Inventory Loan and Assignment of Consumer Paper; Notification of Assignment and Payment Instructions	125	(3)
Diagram of Automobile Installment Sale Contract Financing	128	(1)
The Consumer Fails to Pay	129	(2)
Attachment and Perfection: In General	131	(54)
Problems Under the Prototype; Adequacy of the Financing Statement and Security Agreement	131	(32)
Perfection by Means Other than Filing	163	(22)
Where to File a Financing Statement	185	(13)
Multiple-State Transactions: Where to File	186	(6)
Where to File Within a State	192	(4)
Motor Vehicles and Certificates of Title: UCC 9-103(2)	196	(2)
Proceeds of Collateral	198	(25)
The Scope of Article 9	223	(72)
Bailments	224	(44)
Leases	225	(21)
Consignments	246	(18)
Bailments for Processing	264	(4)
Accounts and Chattel Paper Financing	268	(22)
Exclusions from Article 9 or Its Filing Provisions	290	(5)
Conflicting Claims to Collateral: Article 9's Basic Priority Rules	295	(97)
Competing Security Interests	295	(44)
The First-to-File-or Perfect Rule	296	(20)
Purchase Money Security Interests	316	(18)
Proceeds	334	(5)
Buyers of Goods	339	(53)
Perfected Security Interests and Buyers of Goods	339	(41)
Unperfected Security Interests and Buyers of Goods	380	(12)
Security Interests (Including the ``Floating Lien'') In Bankruptcy	392	(53)
Overview of Bankruptcy	392	(7)
The Bankruptcy Trustee's Avoiding Powers	399	(15)
Unperfected Security Interests: The Strong Arm of the Trustee	399	(3)
The Trustee's Power to Avoid Preferences	402	(12)
Replenishment and Additions; The ``Floating Lien''	414	(21)
The ``Floating Lien'' Under the Uniform Commercial Code	414	(8)
After-Acquired Collateral and Voidable Preferences	422	(13)
Effect of Buyer's Bankruptcy on Seller's Right to Reclaim Goods	435	(10)
Conflicting Claims to Collateral: Other Priority Rules	445	(120)
Purchasers of Chattel Paper, Instruments, and Documents	445	(19)
Priorities: In General	445	(9)
Particular Problems Concerning Lease Chattel Paper	454	(10)
Changes in Business Structure	464	(20)
``Floating Lien'' versus Reclaiming Seller	484	(7)
Real Estate-Related Collateral: Fixtures and Receivables	491	(14)
Fixtures	491	(8)
Real Estate-Related Receivables	499	(6)
Nonconsensual Liens	505	(45)
Landlord's Liens	505	(8)
Liens in Favor of Providers of Goods and Services	513	(8)
Rights of Setoff	521	(15)
Federal Tax Liens	536	(14)
Is Secured Credit Efficient?	550	(15)
Default; Enforcement of Security Interests	565	(94)
Taking Possession of Collateral After Default	568	(26)
In General	568	(21)
Consumer Protection Legislation	589	(5)
Dispositions of Collateral; Deficiency; Consequences of Noncompliance	594	(25)
Rights of Third-Party Claimants	619	(18)
Sureties (Including Guarantors)	619	(9)
Competing Secured Parties and Lienholders; Purchasers of Collateral in Dispositions Under UCC 9-504	628	(9)
Redemption	637	(10)
Collections from Account Debtors and Obligors on Instruments	647	(4)
Retention of Collateral: ``Strict Foreclosure''	651	(8)
Index	659