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Clarks' The Law of Secured Transactions Under the Uniform Commercial Code

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Newly Updated 3rd Edition!

The Most Trusted Source of Analysis and Advice on Shoring Up Assets, Enforcing Security Interests, and the effect of Bankruptcy Law on secured transactions


The need to protect and enforce security interests is as important as it has ever been. The fallout from the crisis in the financial markets is still reaching all kinds of secured transactions from automobile financing to equipment leases to asset-based lending. In addition, securitizations are facing a new set of risks.

For over 25 years, Clarks' The Law of Secured Transactions under the Uniform Commercial Code has been the authoritative guide on secured lending. In this newly updated Third Edition, leading authorities Barkley Clark and Barbara Clark continue to provide the financial services industry with trusted legal analysis of trends and developments from the courts, Congress, and regulators.

Let the Clarks' bring you up to speed on the 2010 amendments to Article 9 of the UCC, which became the law on July 1, 2013 in most of the states.

This valuable treatise:

•  Analyzes the elements of Article 9 security interests in light of the 2010 amendments and accumulated case law.
•  Alerts you to the impact of the reforms, including a resolution of the "individual debtor name" problem that has plagued secured creditors and the courts.
•  Brings you practical strategies to prevent loss from the start of a secured transaction ... or ensure recovery in the event of default.
•  Examines the interplay between Article 9 and the two federal statutes that affect it most: the Federal Tax Lien Act and the Bankruptcy Code.
•  Helps you keep up to date on compliance with increasingly important consumer regulations affecting secured lending
•  Explains the application of Article 9 to specific transactions and industries, including agricultural financing, oil and gas financing, titled motor vehicles, and investment property

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Table of Contents

Table of Contents



VOLUME 1


Part I Elements of the Security Interest


Chapter 1 Terminology, Structure, and Scope of Article 9

Chapter 2 How to Perfect a Security Interest

Chapter 3 Priorities: Secured Party vs. Purchasers and Other Creditors


VOLUME 2


Chapter 4 Default and Enforcement


Part II Impact of Federal Statutes


Chapter 5 Secured Creditor vs. Federal Tax Lien

Chapter 6 Secured Creditor vs. Trustee in Bankruptcy

Chapter 7 Possessory Security Interests

Chapter 8 Agricultural Financing

Chapter 9 Financing Equipment, Fixtures, and Accessions

Chapter 10 The Floating Lien: Financing Accounts, Inventory, and Chattel Paper


VOLUME 3


Part III Article 9 as It Applies to Specific Transactions


Chapter 11 Financing Executory Contracts

Chapter 12 The Consumer Credit Transaction

Chapter 13 Oil and Gas Financing

Chapter 14 Security Interests in Investment Property

Chapter 15 Security Interests in Titled Motor Vehicles

Chapter 16 The 2010 Amendments to Article 9


Table of Cases

Table of Statutes

Index