Corporate

Recent Posts

The Ongoing Issue of the Debtor's Name on UCC Article 9 Financing Statements
Posted on 25 Jul 2012 by Margit Livingston

There are any number of potential pitfalls along the way to properly setting up a secured transaction, but perhaps the most bedeviling stems from the failure to set forth the debtor's name correctly on the financing statement. As a recent bankruptcy... Read More

Professor Margit Livingston on Mishaps Involving a Termination Statement, a Correction Statement, and a Last-Minute Financing Statement Under U.C.C. Article 9
Posted on 21 Aug 2012 by Margit Livingston

Although Article 9 of the Uniform Commercial Code has attempted to make perfection an easily attainable goal for secured parties, mistakes still occur, and many of them prove fatal to the secured creditor's perfected status. The secured party in a... Read More

Alternatives "A" and "B": Debtor Names Under Revised UCC Section 9-503
Posted on 26 Oct 2011 by Jennifer Martin

Failure to correctly identify a debtor on a financing statement can be fatal to a creditor's attempted filing of a security interest. Newly adopted amendments to Uniform Commercial Code Article 9 are designed to clear up some areas of confusion regarding... Read More

A New Twist on Debtor Names on U.C.C. Article 9 Financing Statements
Posted on 29 Oct 2012 by Margit Livingston

Public filing of a financing statement is the common method of achieving perfection of a security interest. Article 9 is unforgiving towards debtor name errors because the debtor's name is the gateway to the filing system. A recent federal district... Read More

2010 Amendments to Article 9: Debtor's Name on Financing Statements
Posted on 18 Nov 2010 by Margit Livingston

Excerpt: The Uniform Commercial Code itself, scholarly articles, and judicial decisions have long emphasized the importance of the debtor's name on an Article 9 financing statement. The debtor's name is one of only three pieces of information... Read More

2010 Amendments to U.C.C. Article 9: Changes in the Debtor's Location
Posted on 23 Nov 2010 by Margit Livingston

Excerpt: Generally, the law of the debtor's location governs perfection issues under Article 9 of the Uniform Commercial Code. In other words, the debtor's location controls the place of filing of financing statements giving notice of Article... Read More

Article 9 Financing Statements: Debtor Name Changes under the 2010 Amendments
Posted on 21 Feb 2013 by Margit Livingston

The 2010 Amendments to UCC Art. 9, effective July 1, 2013, do not make sweeping changes to the overall structure and rules of existing Article 9, but in a few key areas, the drafters have significantly altered the current statutory provisions to simplify... Read More

Failure of a Search to Disclose a Financing Statement Did Not Render That Financing Statement Seriously Misleading as a Matter of Law: Regions Bank v. Official Comm. of Unsecured Creditors (In re Camtech Precision Mfg., Inc.)
Posted on 20 Mar 2013 by UCC Reporter-Digest

CASE OVERVIEW In Regions Bank v. Official Comm. of Unsecured Creditors ( In re Camtech Precision Mfg., Inc. ), 471 B.R. 293 (S.D. Fla. 2012) [ an enhanced version of this opinion is available to lexis.com subscribers ], the District Court for... Read More

Professor Margit Livingston on Article 9 Financing Statements: The Debtor's Name and the Transition Rules Under the 2010 Amendments
Posted on 4 Feb 2013 by Margit Livingston

The debtor name issue has been a troublesome one for decades. Legislative and judicial attempts to grapple with it have not been entirely successful. Once again, the drafters are hoping that this latest round of amendments will finally resolve this... Read More

Changes of the Debtor's Location under the 2010 Amendments to U.C.C. Article 9
Posted on 24 Apr 2013 by Margit Livingston

The 2010 Amendments to Article 9 (Secured Transactions) of the Uniform Commercial Code modify or clarify certain key provisions of the statute. One of the provisions so modified involves changes of the debtor's location. The 2010 Amendments do... Read More