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UCC Updates and Perspectives

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UCC Expert’s Corner: Court Finds Bill of Exchange Not Legal Tender for Payment Under Chapter 13 Plan

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

CSCTW January 5, 2016 UCC Updates and Perspectives Read more

UCC Expert’s Corner: Court Finds Lease Arrangement was Disguised Security Interest

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

CSCTW December 3, 2015 UCC Updates and Perspectives Read more

Effective December 1: Delaware UCC Paper Filing Change

Let CSC help you through Delaware’s new paperless process. Effective December 1, 2015, the Delaware Division of Corporations will modify the acceptable methods of communications for the filing of Uniform Commercial Code (UCC) records. The Division will no longer accept

CSCTW November 18, 2015November 16, 2015 CSCTW email, UCC Updates and Perspectives Read more

UCC Expert’s Corner: Court Finds Lack of Due Diligence Prevents Fraud Claim Based on UCC Records

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.

CSCTW November 3, 2015 UCC Updates and Perspectives Read more

UCC Expert’s Corner: The Risks of Too Much Information on a UCC Financing Statement

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,

CSCTW October 2, 2015 UCC Updates and Perspectives Read more

UCC Expert’s Corner: Court Finds Department of Revenue Improperly Levied Without a Lien

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

CSCTW September 9, 2015 UCC Updates and Perspectives Read more

UCC Expert’s Corner: Post-Transfer Lapse Prevented Enforcement of Security Interest Against Transferee

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

CSCTW August 10, 2015August 10, 2015 UCC Updates and Perspectives Read more

UCC Expert’s Corner: Terminations, Continuations, and Bankruptcy

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

CSCTW July 1, 2015 UCC Updates and Perspectives Read more

Georgia – UCC Article 6, Bulk Sales Transactions, Repealed Effective July 1

On May 6, 2015, the governor signed Georgia Senate Bill 65, which made changes to several areas of the state’s commercial law.  One of these changes was the repeal of UCC Article 6, Bulk Sales Transactions.  The repeal becomes effective

CSC June 18, 2015 Jurisdictional Updates, UCC Updates and Perspectives Read more

Oklahoma – UCC Article 9 2010 Amendments Enacted June 4

In early 2012, Oklahoma was one of the very first states to introduce legislation to enact the 2010 Amendments to UCC Article 9 (the “2010 Amendments”).  Ironically, the state was almost the very last to enact the 2010 Amendments.  Finally,

CSC June 5, 2015 Jurisdictional Updates, UCC Updates and Perspectives Read more
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