Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
The Recent Amendments To Ucc Article 9: Problems And Solutions, David Frisch
The Recent Amendments To Ucc Article 9: Problems And Solutions, David Frisch
University of Richmond Law Review
This article examines three of the forthcoming amendments to Article 9 in some detail: (1) the required name of an individual on a financing statement; (2) the perfection of collateral following the debtor's relocation to a new jurisdiction; and (3) collateral acquired by a new debtor. In the interest of brevity, the discussion of other, less noteworthy, amendments of the statutory text and Official Comments is not as complete. The primary purpose of this article is to offer guidance to legal professionals confronting particular issues under current and future Article 9.
The Recent Amendments To Ucc Article 9: Problems And Solutions, David Frisch
The Recent Amendments To Ucc Article 9: Problems And Solutions, David Frisch
Law Faculty Publications
This article examines three of the forthcoming amendments to Article 9 in some detail: (1) the required name of an individual on a financing statement; (2) the perfection of collateral following the debtor's relocation to a new jurisdiction; and (3) collateral acquired by a new debtor. In the interest of brevity, the discussion of other, less noteworthy, amendments of the statutory text and Official Comments is not as complete. The primary purpose of this article is to off er guidance to legal professionals confronting particular issues under current and future Article 9.
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
As in the past, there were no significant developments or trends in the few decisions on conflict of laws points. The text of U.C.C. section 1-105, the Code's general choice-of-law provision, speaks comprehensively of "the transaction." Yet recent cases and a draft of the proposed Personal Property Leasing Act take an issue-oriented approach, thus giving the parties greater freedom to specify choice of law. Following the formulation in section 187 of the Restatement (Second) of the Conflict of Laws, the draft Leasing Act supports party choice in the absence of some significant forum policy that requires overriding that choice. In …
U.C.C. Filings: Changing Circumstances Can Make A Right Filing Wrong. But Can They Make A Wrong Filing Right?, David Frisch
U.C.C. Filings: Changing Circumstances Can Make A Right Filing Wrong. But Can They Make A Wrong Filing Right?, David Frisch
Law Faculty Publications
A secured party who wishes to perfect an Article 9 security interest by filing must file a proper financing statement in the correct office. If a security interest is perfected, changing circumstances, such as a lapse in time after a change in the location of the collateral, may transform the perfected security interest into an unperfected one. Consequently, the security interest, much to the dismay of the secured party, will be subject to all the deficiencies of an unperfected interest. But, under the Uniform Commercial Code, can the converse be true? That is, for example, can an unperfected security interest, …