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EIA: Commercial (UCC)  Category

   
Livingston on Secured Parties vs. Lien Creditors (PDF)

Livingston on Secured Parties vs. Lien Creditors (PDF)

Two related recent Wisconsin Supreme Court decisions examine what could happen when there is a failure by the secured party to properly docket a judgment while other judgment creditors are still lurking about.

$61.00
Livingston on Unauthorized Filing of Termination Statements under U.C.C. Article 9 (PDF)

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

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.

$61.00
New York's Proposed UCC Amendments: Will New York pass legislative amendments to bring its Uniform Commercial Code in line with the rest of the country? (PDF)

New York's Proposed UCC Amendments: Will New York pass legislative amendments to bring its Uniform Commercial Code in line with the rest of the country? (PDF)

New York's Antiquated UCC: In June 2013 legislation was proposed that would modernize New York's UCC, making a wholesale modification of Articles 3 and 4 governing negotiable instruments and bank procedures.

$61.00
Preferences, Proceeds, and the Improvement-of-Position Test (PDF)

Preferences, Proceeds, and the Improvement-of-Position Test (PDF)

The federal Bankruptcy Code gives bankruptcy trustees certain avoiding powers that allow the trustee to set aside or nullify Article 9 security interests under certain circumstances.

$61.00
Professor Margit Livingston on Article 9 Secured Parties vs. Lien Creditors Post-Default (PDF)

Professor Margit Livingston on Article 9 Secured Parties vs. Lien Creditors Post-Default (PDF)

In a recent case involving garnishment of accounts receivable by a lien creditor (i.e., cash transfers), the secured party was able to prevail over the lien creditor by persuading the court to adopt the "trace and recapture" approach to the transfers that were made post-default.

$61.00