Secured Transactions Commons^™

Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet

Christopher K. Odinet

This Article analyzes the theoretical underpinnings of the UCC’s category for general intangibles and shows how classification as a general intangible can and should comport with the legal substance of tax credits as a form of secured financing. Part I investigates the theory and nature that forms the basis of tax credits and their economic value, as well as provides some background and analysis of the UCC’s collateral category for general intangibles. Part II gives an overview of the relatively meager amount of case law on tax credit financing and explains how courts have struggled with this new concept. Part …