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
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
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
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