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Survey of Secured Creditors' Remedies Outside Bankruptcy

Learn about security interests under Article 9 of the Uniform Commercial Code, including attachment and perfection of a security interest, as well as priority among competing security interests to the same collateral.

Transcript

Revised Article 9 of the Uniform Commercial Code, or UCC, governs consensual security interests in personal property and fixtures, but not real estate. Generally, an Article 9 security interest protects the secured creditor by allowing it to repossess and sell the collateral to satisfy the underlying debt if the obligor defaults. Because many bankruptcy cases involve Article 9 security interests, understanding Article 9 affords helpful context to anyone studying bankruptcy.

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Lessons

1. Welcome to Bankruptcy
5. Chapter 7 Liquidation
  • Chapter 7 Panel Trustee
  • Distribution of Estate Property in Chapter 7
  • Discharge in Chapter 7
  • Personal-Property Collateral in Chapter 7
  • General Grounds to Dismiss a Chapter 7 Case
  • Introduction to the Means Test and Dismissals or Conversions for Abuse
6. Debt Adjustment in Chapter 13
  • Eligibility to File for Chapter 13
  • The Estate in Chapter 13
  • Introduction to the Chapter 13 Plan of Debt Adjustment
  • Terms Permitted in a Chapter 13 Plan
  • Chapter 13 Confirmation Requirements: Treatment of Secured Claims
  • Chapter 13 Confirmation Requirements: Treatment of Unsecured and Priority Claims
7. Preferences
  • Introduction to Preferences
  • A Transfer to a Creditor or for a Creditor's Benefit Made for or on Account of an Antecedent Debt
  • A Transfer Enabling a Creditor to Receive More Than It Would in Chapter 7
  • The Net-Benefit Rule
  • Contemporaneous Exchanges for New Value
  • Transfers in the Ordinary Course of Business
  • Subsequent New Value