A Detailed Look at Secured Lending.
Secured Transactions Under the Uniform Commercial Code examines every facet of secured lending, analyzing in detail difficult issues which are either glossed over or overlooked entirely in other more abbreviated treatments.
In-Depth Analysis of Multiple Areas of Secured Transaction Practices.
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; 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