Secured Transactions Under the UCC

Unparalled in depth and authority, this treatise offers the most complete, up-to-date treatment of Article 9 available.

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A True Leader in the Field of Article 9 Practice. A Detailed Look at Secured Lending. In-Depth Analysis of Multiple Areas of Secured Transaction Practice.

Secured Transactions Under the UCC examines every facet of secured lending, analyzing in detail difficult issues which are either glossed over or overlooked entirely in other more abbreviated treatments. Areas covered include U.C.C. Revised Article 9, fixture financing, documentation of secured transactions, choice of laws and multistate transactions, impact of the Federal Tax Lien on secured creditors, fraudulent transfer risks in leveraged buyout lending, the impact of bank failure on the secured creditor, law of lender liability, secured lending and environmental regulation, and the impact of ERISA on secured lending.

Unparalleled in depth and authority, this treatise offers the most complete, up-to-date treatment of Revised Article 9 available, including coverage of:

• Filing Rules -- electronic filing; multistate coverage; analysis of possessory security interests; amendments; fixtures; lapse and reperfection; leases; misfiling; place to file
• Perfection of security interests -- filings after the initial perfection of a security interest; automatic perfection; contract rights; intangibles; licenses; relocation of collateral
• Priority of security interests -- section-by-section analysis; first-to-file vs. purchase money; unpaid sellers vs. secured lenders; post-judgment judicial process lien vs. security interest under Article 9
• Default and foreclosure -- remedies under the Code; commercial reasonableness; damages; disposition of collateral; documents; loan and security agreements; proceeds of disposition; valuation; fixtures vs. realty
• Bankruptcy -- impact of bankruptcy law on secured financing & equipment leasing; comparative impact on secured creditors of Bankruptcy Chapters 7, 11, 12 and 13; equitable subordination of secured claims under the Bankruptcy Code; impact of Bankruptcy Code revisions contained in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
• Specialized areas of secured financing -- secured financing based on accounts receivable, securities, intellectual property, titled vehicles and bank accounts as collateral; special financing tools such as leases of personal property, participations, letters of credit, and consignments; oil and gas lending; Article 9 and the law of real estate financing; security interests in motor vehicles and other certificated assets; the effect of the U.C.C. on receivables financing

Also included is a comprehensive subject matter index and a table of cases to further simplify your research.

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Table of contents

Volume 1

PART I Overview of Secured Financing

CHAPTER 1 Article 9 and the Security Controversy

CHAPTER 1A Revised Article 9: Review and Reevaluation

CHAPTER 1B Transition Rules for Revised Article 9

CHAPTER 2 The Intelligent Lawyer's Guide to Secured Transactions

CHAPTER 2A The Article 9 Security Agreement

CHAPTER 2B Rights in the Collateral

CHAPTER 2C Restraints on the Creation of Security Interests

CHAPTER 2D Termination of Security Interests

CHAPTER 2E Assignments of Security Interests

CHAPTER 3 The Scope of Article 9

CHAPTER 3A Revising Article 9--The Historic Process

CHAPTER 3B Article 9 Reaches Out to the World

CHAPTER 4 Creditor Strategies Under Revised Article 9: What Limits Will the Courts Impose?

CHAPTER 5 Choice Of Laws in Multi-State and International Transactions

Volume 1A

PART II Perfection of Security Interests

CHAPTER 6 Nine Ways of Perfecting Under Revised Article 9

CHAPTER 6A Possessory Security Interests

CHAPTER 6B What Comes After the UCC-1? Filings After the Initial Perfection of a Security Interest

CHAPTER 6C Initial Financing Statements: The Impact of Revised Article 9

CHAPTER 6D Understanding Control: The New Path to Perfection and Priority

CHAPTER 6E Reforming the Article 9 Filing System

CHAPTER 6F UCC Insurance

PART III Priority of Security Interests

CHAPTER 7 The Super-Charged Floating Lien of Revised Article 9: Has It Propelled Us to Finance Nirvana?

CHAPTER 7A Priorities Outside of Article 9

CHAPTER 7AA Priorities Under Article 9: Section by Section

CHAPTER 7B Priority Roadmap: How Revised Article 9 Changes the Game

CHAPTER 7BB Secured Parties vs. Buyers In the Ordinary Course of Business

CHAPTER 7C The Priority of Future Advances and "Non-Advance" Obligations

CHAPTER 7D Unpaid Sellers vs. Secured Lenders

CHAPTER 7E Secured Creditors vs. Lien Creditors: How Revised Article 9 Tilts The Playing Field

CHAPTER 7F The Federal Tax Lien vs. Revised Article 9

CHAPTER 7FF Statutory Lien Priorities

CHAPTER 7G Conversion and Impairment of Collateral: Common Law Liabilities Under Revised Article 9

CHAPTER 7H Marshaling Assets

Volume 1B

PART IV Default and Bankruptcy

CHAPTER 8 Enforcement Proceedings Under Revised Article 9

CHAPTER 8A Guaranties in Secured Transactions

CHAPTER 9 The Article 9 Secured Creditor in Bankruptcy

CHAPTER 9A The Notorious Hanging Paragraph: What Happens to Secured Claims in Chapter 13 Now?

CHAPTER 9B Fraudulent Conveyances and Revised Article 9

CHAPTER 9C Equitable Subordination and Recharacterization of Secured Claims in Bankruptcy

CHAPTER 9D Debtor in Possession and Article 9 Financing: Complex Relationships

CHAPTER 10 The Impact of Bank Failure on the Secured Creditor

CHAPTER 11 The Impact of Lender Liability on the Article 9 Creditor

CHAPTER 12 Secured Lending and Environmental Regulation

CHAPTER 12A The Impact of ERISA on Secured Lending


PART V Real Estate Related Collateral


Volume 1C

CHAPTER 15 Fixture Financing

CHAPTER 16 Article 9 and the Law of Real Estate Financing

CHAPTER 16A Security Interests in Minerals and Timber

PART VI Specialized Areas of Financing

CHAPTER 17 Security Interests in Accessions and Accessories

CHAPTER 18 Security Interests in Motor Vehicles and Other Certificated Assets

CHAPTER 18A Security Interests in Manufactured Homes

CHAPTER 18B Security Interests in Rolling Stock, Aircraft, and Vessels

CHAPTER 19 Factoring and Lending Against Receivables Under Revised Article 9

CHAPTER 19A Assignments of Tort Claims and Settlements

CHAPTER 20 Regulation of Security Interests in Consumer Assets

CHAPTER 20A Secured Consumer Credit and the Fringe Banking Industry

CHAPTER 21 Security Interests in Governmental Licenses

CHAPTER 22 The Difficult Position of the Floor-Planner

CHAPTER 23 Security Interests in Investment Property

CHAPTER 24 Proceeds, Deposits and Revenues: Perfecting Security Interests in a Debtor's Income
Stream Under Revised Article 9 and the Bankruptcy Code

CHAPTER 25 The Impact of Revised Article 9 on Security Interests in Intellectual Property

CHAPTER 25A Security Interests in Cyberassets: Domain Names and Websites

CHAPTER 25B Security Interests in Virtual Currencies

Volume 1D

CHAPTER 26 Farm Financing Under Revised Article 9

CHAPTER 27 The Food Security Act and Its Relationship With Article 9

CHAPTER 28 Tangible Chattel Paper: The Impact of Revised Article 9

CHAPTER 28A Electronic Chattel Paper: Some Problems in Translation

CHAPTER 29 Security Interests in Checks and Check Proceeds Under Revised Articles 4 and 9

CHAPTER 29A Security Interests in Documents of Title Under the UETA, The Revised U.C.C. and Federal Law

PART VII Specialized Financing Devices

CHAPTER 30 Leases of Personal Property

CHAPTER 30A Leases of Personal Property: Filing Financing Statements for Leases and True Leases Under Article 2A

CHAPTER 31 Securing Obligations With Letters of Credit

CHAPTER 32 Participations and Syndicated Loans

CHAPTER 33 Consignments Under the Pre-Revision and Revised U.C.C.

CHAPTER 34 Securitization of Financial Assets Under Revised Article 9

CHAPTER 35 Second Lien Financing

CHAPTER 36 Repos And The Revised U.C.C.

CHAPTER 37 Article 9 and Bond Financing: Five Recent Cases