This is the first of two podcasts that describe the process by which a creditor identifies collateral subject to a security interest under Article 9 of the Uniform Commercial Code. This podcast focuses on descriptions of tangible personal property.
This is the second of two podcasts that describe the process by which a creditor identifies collateral subject to a security interest under Article 9 of the Uniform Commercial Code. This podcast focuses on descriptions of intangible personal property.
This podcast provides an overview of the process by which a creditor attaches a security interest to collateral under Article 9 of the Uniform Commercial Code, thereby making it enforceable by the creditor in the event there are unmet obligations to the creditor (in most cases by non-payment of a loan by the debtor). The podcast reviews the requirements of security agreements and uses a series of examples to demonstrate when a security interest attaches.
This podcast discusses the priority between a secured party and a party with a lien, including a judicial lien creditor, a creditor with a lien arising by operation of law, a creditor with an agricultural lien, and the IRS with a tax lien. The podcast discusses the relationship between Bankruptcy Code § 544(a), often referred to as “the strong arm clause, and a PMSI (Purchase Money Security Interest).
The topic of this podcast is how to apply the rules found in § 9-322 for determining priority between one secured party and another secured party with an interest in the same collateral. The podcast assumes that collateral has been characterized as goods. The podcast reviews the basic rule that a secured creditor has priority over an unsecured creditor. It then considers what happens when each party is a secured party. Several hypos walk through the analysis of applying § 9-322(a)(1). The podcast considers topics including PMSIs, superpriority rules, § 9-201, § 9-203 and § 9-313.
The topic of this podcast is to identify when a purchase money security interest (“PMSI” or PIM-zee) has been created and to identify fact patterns that frequently appear on law school and bar examinations where it is significant that a security interest is a PMSI. Remember, a PMSI is simply a specific type of security interest.
The topic of this podcast is when a security agreement is sufficient to enable it to attach a security interest to collateral under Article 9 of the Uniform Commercial Code, thereby making it enforceable by the creditor in the event that there is a default by the debtor (in most cases non-payment of a debt). This podcast focuses on the elements required for enforceability of a security interest under UCC Section § 9-203(b) and the alternatives that satisfy the security agreement requirement under § 9-203(b)(3).
The topic of this podcast is which party will prevail in a competition for collateral as between buyers of the collateral and secured parties. While secured parties might expect to prevail with respect to their collateral most of the time, buyers of goods also have expectations that are protected with respect to their purchases. The rules of Article 9 balance expectations so that buyers get good title to what they buy and have protection from pre-existing security interests in some circumstances. These rules are commonly tested on law school and bar examinations.
This podcast explains the use of after-acquired property clauses and future advances given by secured creditors. This topic primarily requires a careful reading of UCC § 9-204 and a basic understanding of how a secured party attaches its security interest in the first place.
The topic of this podcast is some of the basic concepts of bankruptcy, as well as the automatic stay, and some ways you might find to get around it. While most courses on secured transactions focus on U.C.C. Article 9, which is state law, sometimes you will find that a debtor declares bankruptcy. In the event that there is a bankruptcy, the secured creditor will have to know what actions it can and which it can’t take. Recall that while Article 9 is part of state law, bankruptcy law is part of federal statutory law.
This podcast discusses the nature of security interests, as well as some of the basic vocabulary that you will need to understand the concepts, using the rules set forth in the Uniform Commercial Code Article 9. The rules of Article 9 are state statutory law. The primary terms of art associated with security interests are generally defined in either 1-201 or 9-102, though some definitions are contained elsewhere. This podcast primarily focuses on security interests created under Article 9.
This podcast discusses how a secured creditor can perfect a security interest in goods that are or might become fixtures in order to prevail against UCC or real estate claimants of the same collateral. This topic primarily requires a careful reading of UCC § 9-334 and an understanding of what is a fixture. At the conclusion of the podcast you should be able to (1) describe what a fixture is; (2) describe how a secured creditor might go about perfecting a security interest in a fixture; and (3) describe some of the priority rules related to fixtures.