Security Interests in Personal Property:

This law school casebook focuses on Article 9 of the Uniform Commercial Code, dealing with secured transactions in personal property. It incorporates and discusses recent revisions to the Code, which made the most significant changes in three decades. Part of the University Casebook Casebook Series®, it features expertly edited cases and problems for classroom discussion.

Preface

iii

Table of Cases

xiii

Table of Statutes

xvii

Introduction

1

(39)

The Life of the Unsecured Creditor

2

(18)

Reading the UCC and Aids to Understanding

20

(2)

Creating and Perfecting Security Interests

22

(6)

Priority of Security Interests

28

(4)

Changes and Stale Information

32

(5)

Miscellaneous Matters

37

(3)

Attachment

40

(53)

The Idea of a Security Interest

41

(8)

The Requirement of an Authenticated Agreement

49

(13)

Description of the Collateral

62

(11)

Rights in the Collateral

73

(8)

Value

81

(1)

The Security Agreement

82

(11)

Perfection

93

(71)

Categorizing the Collateral

95

(10)

Requirement of the Debtor's Name

105

(10)

The Secured Creditor's Name

115

(6)

Identification of the Collateral

121

(12)

Perfection by Possession

133

(17)

Perfection Through Control

150

(8)

Miscellaneous Perfection Approaches

158

(6)

Priority

164

(63)

Rights Between Ordinary Secured Creditors

167

(28)

Continuity of Perfection and Priority

174

(4)

The Nature of Priority

178

(17)

Rights Between Secured and Unsecured Creditors

195

(13)

Purchase Money Security Interests

208

(19)

The Scope of the Purchase Money Security Interest

213

(7)

Refinancings and the Transformation of the PMSI

220

(7)

Proceeds and Transfers of Property

227

(23)

Proceeds

228

(19)

The Definition of Proceeds and Attachment of the Security Interest

230

(5)

Proceeds and Priority

235

(12)

Transfers

247

(3)

Changes

250

(54)

Changes of Location

251

(13)

After-Acquired Property and Future Advances

264

(16)

After-Acquired Property

265

(5)

Future Advances

270

(10)

Name Changes, Incorporations and Mergers

280

(24)

Name Changes

281

(6)

Incorporations

287

(6)

Mergers and Transfers

293

(11)

Default

304

(44)

Overview of Default Rights

305

(4)

Repossession Under 9-609: The Breach of the Peace Limit

309

(20)

9-610 and the Commercially Reasonable Sale

329

(14)

Retention of Collateral Under 9-620

343

(5)

The Limits of Article 9

348

(79)

9-109 and Excluded Areas

348

(31)

Intellectual Property

348

(25)

Set-Off Rights

373

(6)

Characterization Problems and Excluded Transactions

379

(23)

Included Transactions: Sales of Accounts and the Like and Securitization

402

(25)

Security Interests and Interests Arising Outside Article 9

427

(27)

State Liens

427

(2)

Federal Tax Liens

429

(12)

Fixtures

441

(13)

The Secured Creditor in Bankruptcy

454

(27)

Overview of Key Bankruptcy Code Provisions

454

(3)

Trustee Avoiding Powers

457

(13)

The Trustee as Ideal Lien Creditor

458

(1)

Preferences in Bankruptcy

459

(6)

The Article 9 Floating Lien in Bankruptcy

465

(5)

Valuation and its Consequences

470

(11)

Index

481

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Security Interests in Personal Property: Cases, Problems, and Materials

Summary

Table of Contents

Supplemental Materials