UCC Updates and Perspectives

For many years, anti-government and anti-tax protestors have used the UCC filing system to harass, intimidate, and defraud certain targets, primarily government officials. Increasingly, the same theories and tactics used by this anti-government movement serve as the basis for fraudulent

The parties to a lease, consignment, sale, or other arrangement may not realize that the transaction is governed by UCC Article 9. Article 9 applies to any transaction, regardless of form, that creates a security interest in personal property by

The UCC search is an essential part of many commercial transactions, and with good reason.   A party’s failure to conduct an adequate search, or perform sufficient due diligence into the status of the disclosed UCC records can carry harsh consequences.

A record filed under UCC Article 9 provides notice to interested parties that a security interest may exist. As a mere notice, the UCC financing statement is a simple record. It generally requires little more than the party names, addresses,

Nothing ruins a secured party’s day faster after a debtor goes into default than the discovery of an unknown prior tax lien. Tax liens can be intimidating for secured parties and it’s tempting to believe they always win in a

A secured party relies on its properly filed financing statement to allow enforcement of its security interest against a transferee when the debtor disposes of collateral. Generally, the security interest remains effective against the collateral following a transfer, unless the

Secured parties tend to be cautious about filing any UCC records after a debtor files for bankruptcy. Violations of the automatic stay or discharge injunction can have serious consequences for the offending secured party. However, secured parties may file certain