LexisNexis® Legal Newsroom
Putative Leases as Article 9 Secured Transactions

In most cases, filing a financing statement will protect the lessor/secured party from other secured parties. However, one type of transaction has bedeviled the courts for many years--the secured transaction disguised as a lease. Professor examines whether a corporation's possessory repairman's...

Livingston on Unauthorized Filing of Termination Statements under U.C.C. Article 9

In a recent bankruptcy case, the secured creditors, to their horror, found that they erroneously allowed the debtor to file a termination statement although the debtor still owed millions of dollars on the associated transaction. A sympathetic court, however, applying traditional common law principles...