Secured Credit

by Lopucki, Lynn M.; Warren, Elizabeth

• ISBN13: 9780735536463
• ISBN10: 0735536465
• Format: Hardcover
• Copyright: 2002-11-01
• Publisher: Wolters Kluwer

Summary

This problem-based casebook uses assignment-sized modules to explore creditor relationships and transactions between creditors and debtors. Completely updated, Secured Credit, Fourth Edition, gives students a solid foundation in this important area. When you examine this new edition, be sure to notice its: extraordinary authorship Lynn M. LoPucki and Elizabeth Warren are experts in the field effective use of the systems approach by examining how the law is applied in actual transactions, The authors put the Code in context teachable problems, preceded by straightforward text and cases organization by assignment units, which makes the book flexible and adaptable cutting-edge coverage of today's most important topics careful review of the intersection of secured transactions and bankruptcy in addition to conforming To The Revised Article 9, The Fourth Edition offers new cases that explore interesting issues: in re Shirel is a credit card application sufficient to grant a security interest? in re Grabowski is a financing statement sufficient to perfect a security interest? Omega Environmental, Inc. v. Valley Bank, N.A. Is a nonnegotiable certificate of deposit an instrument as defined under UCC Article 9? in re Eschenbach What constitutes proper notice of a federal tax lien on personal property? If you haven't tried the systems approach to teaching secured credit, The new edition of LoPucki and Warren's exceptional casebook is a powerful reason to reconsider.

Table of Contents

Contents	xi
Acknowledgments	xxiii
Introduction	xxv
Part One The Creditor-Debtor Relationship	1	(272)
Creditors' Remedies Under State Law	3	(92)
Remedies of Unsecured Creditors Under State Law	3	(18)
Security and Foreclosure	21	(16)
Repossession of Collateral	37	(22)
Judicial Sale and Deficiency	59	(21)
Article 9 Sale and Deficiency	80	(15)
Creditors' Remedies in Bankruptcy	95	(40)
Bankruptcy and the Automatic Stay	95	(20)
The Treatment of Secured Creditors in Bankruptcy	115	(20)
Creation of Security Interests	135	(82)
Formalities for Attachment	135	(20)
What Collateral and Obligations Are Covered?	155	(13)
Proceeds, Products, and Other Value-Tracing Concepts	168	(15)
Tracing Collateral Value During Bankruptcy	183	(13)
The Legal Limits on What May Be Collateral	196	(21)
Default: The Gateway to Remedies	217	(36)
Default, Acceleration, and Cure Under State Law	217	(22)
Default, Acceleration, and Cure Under Bankruptcy Law	239	(14)
The Prototypical Secured Transaction	253	(20)
The Prototypical Secured Transaction	253	(20)
Part Two The Creditor-Third Party Relationship	273	(410)
Perfection	275	(100)
The Personal Property Filing Systems	275	(19)
Article 9 Financing Statements: The Debtor's Name	294	(18)
Article 9 Financing Statements: Other Information	312	(15)
Exceptions to the Article 9 Filing Requirement	327	(18)
The Land and Fixtures Recording Systems	345	(16)
Characterizing Collateral for the Purpose of Perfection	361	(14)
Maintaining Perfection	375	(58)
Maintaining Perfection Through Lapse and Bankruptcy	375	(15)
Maintaining Perfection Through Changes of Name, Identity, and Use	390	(13)
Maintaining Perfection Through Relocation of Debtor or Collateral	403	(12)
Maintaining Perfection in Certificate of Title Systems	415	(18)
Priority	433	(30)
The Concept of Priority: State Law	433	(13)
The Concept of Priority: Bankruptcy Law	446	(17)
Competitions for Collateral	463	(220)
Lien Creditors Against Secured Creditors: The Basics	463	(9)
Lien Creditors Against Secured Creditors: Future Advances	472	(14)
Trustees in Bankruptcy Against Secured Creditors: The Strong Arm Clause	486	(21)
Trustees in Bankruptcy Against Secured Creditors: Preferences	507	(12)
Secured Creditors Against Secured Creditors: The Basics	519	(16)
Secured Creditors Against Secured Creditors: Land and Fixtures	535	(20)
Competitions Involving Cross-Collateralization and Marshaling Assets	555	(19)
Sellers Against Secured Creditors	574	(18)
Buyers Against Secured Creditors	592	(17)
Statutory Lien Creditors Against Secured Creditors	609	(21)
Competitions Involving Federal Tax Liens: The Basics	630	(18)
Competitions Involving Federal Tax Liens: Advanced Problems	648	(15)
Why Secured Credit?	663	(20)
Table of Cases	683	(6)
Table of Statutes	689	(8)
Index	697