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Articles 1 - 29 of 29
Full-Text Articles in Law
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse T. Wynn
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse T. Wynn
St. Mary's Journal on Legal Malpractice & Ethics
Clients will often use a retainer to secure an attorney’s representation. But clients in economic distress may have creditors that are eager to access the client’s funds in the attorney’s hands. Attorneys, clients, courts, and regulators have struggled to understand who has the best claim to such retainer funds. In this Article, we attempt to untangle the most common areas of confusion. We conclude that Article 9 of the Uniform Commercial Code (UCC) offers strong protection for an attorney’s interest in client retainers through security interests, even though some courts have misapplied the UCC in this context. Further, we recommend …
Virtual Currency As Crypto Collateral Under Article 9 Of The Ucc: Trying To Fit A Square Peg In A Round Hole, Sharon E. Foster
Virtual Currency As Crypto Collateral Under Article 9 Of The Ucc: Trying To Fit A Square Peg In A Round Hole, Sharon E. Foster
Arkansas Law Review
This Article addresses the current state of academic discussion regarding the problems of creating an enforceable security interest under Article 9 of the Uniform Commercial Code (UCC) using virtual currency, such as bitcoin, as collateral. While academic discussion is helpful and, indeed, may one day be adopted by a court and become law, the primary problem in using virtual currency as collateral is the uncertainty regarding using Article 9 to create an enforceable security interest in virtual currency. Simply put, Article 9 does not specifically address virtual currency as collateral, and we have no case law at this time to …
The Hierarchy Of Priority, Paul Wangerin
The Hierarchy Of Priority, Paul Wangerin
The Journal of Business, Entrepreneurship & the Law
The analysis in this article suggests that there is a hierarchy of priorities in Article 9 of the UCC and that this hierarchy is relatively simple to describe. The analysis here describes this hierarchy by engaging in a two-part analysis. Part I suggests that the rules for priorities in Article 9 come out of the interaction of a number of variables, variables that are well-known to everybody who is familiar with Article 9. Part II suggests that the variables described in Part I allow us to put all of the important rules about priorities into a simple chart that shows …
Resolving Priority Disputes In Intellectual Property Collateral, Paul Heald
Resolving Priority Disputes In Intellectual Property Collateral, Paul Heald
Journal of Intellectual Property Law
No abstract provided.
The Imperfect State Of Patent Perfection, Yongae Jun
The Imperfect State Of Patent Perfection, Yongae Jun
Akron Intellectual Property Journal
The state of the law regarding perfection of security interests in patents is uncertain. Attorneys advise their clients to record with both the state and the federal registration systems in order to perfect their security interests. Moreover, the Supreme Court missed its opportunity to clarify the ambiguity when it denied certiorari to Cybernetic Services. This comment will attempt to make sense of this area of the law and formulate an opinion as to what the law should be. Part II of this comment will interpret Section 261 through textual analysis, canons of construction, and legislative history. Part III will explore …
Buying Time In Spain: The Spanish Law Of Installment Sales, John M. Steadman
Buying Time In Spain: The Spanish Law Of Installment Sales, John M. Steadman
Georgia Journal of International & Comparative Law
No abstract provided.
The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann Dr.
The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann Dr.
Georgia Journal of International & Comparative Law
No abstract provided.
Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell
Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell
Georgia Journal of International & Comparative Law
No abstract provided.
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Pepperdine Law Review
No abstract provided.
When Is Notice Notice - Why Missouri Should Clarify The Requirements For Notice Letters Seeking The Release Of A Deed Of Trust, Eric E. Bohl
When Is Notice Notice - Why Missouri Should Clarify The Requirements For Notice Letters Seeking The Release Of A Deed Of Trust, Eric E. Bohl
Missouri Law Review
No abstract provided.
A Chose By Any Other Name: Domain Names As A Security Interest, Andrew B. Cochran
A Chose By Any Other Name: Domain Names As A Security Interest, Andrew B. Cochran
Canadian Journal of Law and Technology
There has been increasing study of the issues involved in using intellectual property as a security interest, but little corresponding consideration of domain names. The ascendancy in value of domain names to modern business increases their usefulness as a security interest to lenders and borrowers alike. Their use in this respect appears not to be weighed down by two of the most difficult issues facing intellectual property, namely conflicting jurisdiction between federal statutory interests and provincial property interests, together with establishing more readily acceptable methods of valuation. However, there is ambiguity about the actual form of ownership interest involved with …
A Malpractice Suit Waiting To Happen: The Conflict Between Perfecting Security Interests In Patents And Copyrights (A Note Of Peregrine, Cybernetic And Their Progeny), R. Scott Griffin
Georgia State University Law Review
No abstract provided.
Are Security Deposits Security Interests - The Proper Scope Of Article 9 And Statutory Interpretation In Consumer Class Actions, R. Wilson Freyermuth
Are Security Deposits Security Interests - The Proper Scope Of Article 9 And Statutory Interpretation In Consumer Class Actions, R. Wilson Freyermuth
Missouri Law Review
Part I of this article critiques this strand of decisions (referred to collectively throughout the article as the "security deposit cases") and demonstrates that the cases rest upon a flawed understanding of Article 9's scope provisions. In these cases, courts have borrowed landlord-tenant law's traditional distinction between a "debt" and a "pledge"-a distinction used in landlord-tenant law to justify a baseline rule under which title to a security deposit passes entirely to the landlord, with the landlord having no positive duty to invest the deposit or pay interest to the tenant. As Part I explains, the security deposit cases wrongly …
Motor Vehicles And Traffic Certificates Of Title, Security Interests, And Liens: Amend Provision Relating To Perfection Of Security Interests In Motor Vehicles Generally; Provide For Perfection Of Delivery Of Notice, Jackie Volk
Georgia State University Law Review
The Act provides that a person or business may perfect a security interest in a motor vehicle by presenting the required fee and (1) the existing title and an application for title containing the name and address of the holder of a security interest or (2) a notice of security interest on forms prescribed by the county tax commissioner. Further, the Act provides that the security interest is perfected at the time of its creation if the delivery of the application or notice to the commissioner or local tag agent is completed within twenty days thereafter. The Act provides that …
The Immovable Object Versus The Irresistable Force: Rethinking The Relationship Between Secured Credit And Bankruptcy Policy, Lawrence Ponoroff, F. Stephen Knippenberg
The Immovable Object Versus The Irresistable Force: Rethinking The Relationship Between Secured Credit And Bankruptcy Policy, Lawrence Ponoroff, F. Stephen Knippenberg
Michigan Law Review
The last leaf in O. Henry's classic short story was hanging by a delicate thread, but it never fell. It never fell, of course, because it wasn't real; Old Behrman had painted it (and caught pneumonia for his trouble) in order to give Johnsy the will to live. The Supreme Court's decision in Dewsnup v. Timm is also hanging by a thread, following a barrage of scholarly criticism and more than four years of limiting case law and legislative incursions on the case's core conceptual rationale. But the holding in Dewsnup, unlike the last leaf, is very real. It has …
Property Mortgages, Conveyances To Secure Debts, And Liens: Provide For Shortened Reversionary Period For Secured Property; Provide For Notice To Prospective Purchaser Of Potential Nuisances By Grantor, Owner Or Agent Of Property On Or Near Agricultural Or Forestry Property, Susan M. Gordon
Georgia State University Law Review
The Act reduces the reversionary period for secured property from twenty to seven years. The expiration period remains at twenty years when the parties have expressly indicated in the conveyance an intent to create a perpetual or indefinite security interest, unless the term of the debt exceeds twenty years. In addition, the Act requires notice of acceptable land uses and potential nuisances to purchasers of property zoned or adjacent to agricultural or forestry land.
Clear Title For Farm Products: Congress And The Arkansas Legislature Attempt To Solve A Troublesome Problem, D. Fenton Adams
Clear Title For Farm Products: Congress And The Arkansas Legislature Attempt To Solve A Troublesome Problem, D. Fenton Adams
University of Arkansas at Little Rock Law Review
No abstract provided.
"Seek But You May Not Find": Non-Ucc Recorded, Unrecorded And Hidden Security Interests Under Article 9 Of The Uniform Commercial Code, Gerald T. Mclaughlin
"Seek But You May Not Find": Non-Ucc Recorded, Unrecorded And Hidden Security Interests Under Article 9 Of The Uniform Commercial Code, Gerald T. Mclaughlin
Fordham Law Review
No abstract provided.
Commercial Law–Usury–Lease Constructed As Installment Sale, Nelwyn Leone Davis
Commercial Law–Usury–Lease Constructed As Installment Sale, Nelwyn Leone Davis
University of Arkansas at Little Rock Law Review
No abstract provided.
Security Interests In Motor Vehicles: A Conflict In Kentucky Law, Henry Lawson
Security Interests In Motor Vehicles: A Conflict In Kentucky Law, Henry Lawson
Kentucky Law Journal
No abstract provided.
Security Interests In Insurance Payments On Destroyed Collateral As Proceeds And Their Priority Under The Federal Tax Lien Act Of 1966, Theodore N. Farris
Security Interests In Insurance Payments On Destroyed Collateral As Proceeds And Their Priority Under The Federal Tax Lien Act Of 1966, Theodore N. Farris
Fordham Law Review
No abstract provided.
Real Estate Investments As Securities: The Sufficiency Of The Howey Test Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., John W. Mcleod
St. Mary's Law Journal
The purpose of this article is to examine the kind of protection afforded to real estate investors through the securities acts passed the 1930s. The Supreme Court decision in SEC v. W.I. Howey Co. (1946) held that a security exists when (1) there is an investment of money (2) in a common enterprise (3) with profits to come solely from the efforts of others. This study considers the criticisms of Howey by two legal commentators of the late 1960s, Professor Coffee and Professor Long, in its examination of three main types of real estate investments: land syndications, condominiums, and cooperative …
The Priority Conflict Between A Purchase Money Security Interest And A Prior Security Interest In Future Accounts Receivable, Howell J. Reeves
The Priority Conflict Between A Purchase Money Security Interest And A Prior Security Interest In Future Accounts Receivable, Howell J. Reeves
Vanderbilt Law Review
Article 9 of the Uniform Commercial Code established an exhaustive scheme for the determination and control of security interest in personal property and fixtures' which is now the law of all but one of the states and the District of Columbia Not the least momentous of the provisions in Article 9 are those that govern priorities among conflicting security interests in the same collateral. The purpose of this inquiry is to examine the rules of priority that the U.C.C. provides for a conflict between the holder of a purchase money security interest in inventory and proceeds and a holder of …
Security Aspects Of The Abc Transaction, John T. Schmidt
Security Aspects Of The Abc Transaction, John T. Schmidt
Michigan Law Review
In recent years, investments in subterraneous oil and gas have become a common addition to the investment portfolios of national financial institutions. Relying on the assurances of reputable geological studies, traditionally conservative financers have invested amounts ranging up to several hundred million dollars against collateral once accepted only by speculators and a few adventurous oil-country bankers. The increased interest in these investments is in part attributable to the development of the ABC method of financing the purchase of producing oil and gas properties. This method offers unique tax advantages, which have been discussed elsewhere, but also creates problems for the …
Bankruptcy Preferences-Secured Transactions-Security Interest In After-Acquired Property Is Voidable Preference If Received Within Four Months Of Bankruptcy-In Re Portland Newspaper Publishing Co., Michigan Law Review
Michigan Law Review
In an effort to provide employment for several hundred workers who had lost their jobs in an unsuccessful strike against Portland's two largest newspapers, the local printers' unions and several civic leaders organized the Portland Reporter Publishing Co. (Reporter) to publish a rival newspaper. The unions also formed the Rose City Development Co. (Rose City), which leased facilities and equipment to Reporter and subsequently made several emergency operating loans to it. These loans were secured by an agreement designating as collateral all of Reporter's previously unsecured accounts receivable, both present and after-accruing. This type of agreement -securing after-acquired property of …
The Trustee In Bankruptcy As A Secured Creditor Under The Uniform Commercial Code, Frank R. Kennedy
The Trustee In Bankruptcy As A Secured Creditor Under The Uniform Commercial Code, Frank R. Kennedy
Michigan Law Review
The thesis of this article is that a trustee cannot exploit the advantage of the lien or security of any creditor unless he can avoid it and displace a creditor. Moreover, when he can and does avoid a lien and displace a creditor, he can enforce the rights of that creditor as against any lien or interest otherwise indefeasible in bankruptcy only to the extent of the lien or security of the creditor he displaces.
Uniform Commercial Code Article 9 Filing Procedures For Railroad, Utility, And Other Corporate Debtors: Some Suggestions, Daniel R. Elliott Jr.
Uniform Commercial Code Article 9 Filing Procedures For Railroad, Utility, And Other Corporate Debtors: Some Suggestions, Daniel R. Elliott Jr.
Michigan Law Review
After a brief discussion of the provisions of Article 9 peculiarly applicable to the long-term mortgage, a portion of this comment will review the relevant statutes and case authority in force prior to the effective date of the Code in various states and still applicable in others. More specifically, it will examine the special treatment accorded certain types of corporate indentures, particularly those securing the debt of railroads and other public utilities. Second, an attempt will be made to explain the probable solutions to the problems raised by the filing requirements of Article 9 as promulgated in each jurisdiction and …
Insurance-Construction-Mortgagee's Interest Under An Appraisal Clause, Lenamyra Saulson
Insurance-Construction-Mortgagee's Interest Under An Appraisal Clause, Lenamyra Saulson
Michigan Law Review
Plaintiff-mortgagee sued defendant insurance company to recover the amount allegedly due plaintiff under a fire insurance policy covering a mortgaged building. Plaintiff based its right to recovery on a New York standard mortgagee clause incorporated into a New York standard fire insurance policy. Before the suit was instituted, defendant had tendered payment to plaintiff in accordance with the findings of an appraisal of loss conducted by the mortgagor and defendant, which fully complied with the terms of the policy. This tender was rejected by plaintiff, which had no notice of, and did not participate in, the appraisal. Plaintiff contended it …
Chattel Mortgage--Validity Of Recorded Chattel Mortgage As Against Ordinary Purchaser--Possession Entrusted To Mortgagor-Dealer Regularly Engaged In Sale Of Similar Articles, Edwin F. Uhl S.Ed.
Chattel Mortgage--Validity Of Recorded Chattel Mortgage As Against Ordinary Purchaser--Possession Entrusted To Mortgagor-Dealer Regularly Engaged In Sale Of Similar Articles, Edwin F. Uhl S.Ed.
Michigan Law Review
Plaintiffs purchased from a retail dealer, in the ordinary course of trade, automobiles which were subject to properly recorded mortgages given by the dealer to defendant finance company. The certificates of title which the mortgage-dealer had been permitted to retain indicated that the vehicles were free from lien. Claiming default in payments by the dealer, the defendant seized the automobiles. Plaintiffs brought actions seeking repossession and damages. As the evidence clearly disclosed, defendant anticipated that the dealer would make no disclosure of the encumbrance at the time of sale, but rather expected that the lien would subsequently be discharged with …