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Secured Transactions Commons™

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Articles 1 - 10 of 10

Full-Text Articles in Secured Transactions

Sales--Ucc Warranty Provisions Extended To Chattel Leases By Analogy, William D. Harrison Dec 1975

Sales--Ucc Warranty Provisions Extended To Chattel Leases By Analogy, William D. Harrison

Mercer Law Review

In Redfern Meats, Inc. v. Hertz Corp., the Georgia Court of Appeals held that the warranty provisions of the Georgia Uniform Commercial Code are applicable to those chattel leases which are analogous to sales. Plaintiff, Redfern, entered into an indefinite leasing agreement with defendant, Hertz, to rent trucking equipment for the refrigerated transportation of its meats. The agreement required Redfern to buy the equipment according to a depreciation schedule if either party cancelled the lease within eight years of the lease date. The agreement also contained a disclaimer which purported to relieve Hertz of any liability for damage to …


E. F. Corporation V. Smith: Voidable Preference And The Problems Of Antecedent Indebtedness Under § 60(A) Sep 1975

E. F. Corporation V. Smith: Voidable Preference And The Problems Of Antecedent Indebtedness Under § 60(A)

Washington and Lee Law Review

No abstract provided.


Landlord May Not Exercise Contractual Lien Over Tenant's Property Without Affording Opportunity For Prior Notice And Hearing., Betsy Hall Sep 1975

Landlord May Not Exercise Contractual Lien Over Tenant's Property Without Affording Opportunity For Prior Notice And Hearing., Betsy Hall

St. Mary's Law Journal

Abstract Forthcoming.


Justice White's Chemistry: The Mitchellization Of Fuentes, Janis A. Cunningham Aug 1975

Justice White's Chemistry: The Mitchellization Of Fuentes, Janis A. Cunningham

Washington Law Review

This comment will explore the interaction of these four major cases, and interpret their composite message to the secured creditor. It initially will analyze the various opinions of Justice White, concentrating particularly on the roles of stare decisis and supremacy in Di- Chem, and of Justice Powell, particularly his emphasis upon distinguishing secured from unsecured transactions. Second, the comment will discuss the three basic remedies available to the secured creditor: the adversary hearing under Fuentes, self-help repossession, and the ex parte procedure under Mitchell. Mitchell's due process balancing analysis is favored as an appropriate compromise between self-help on the one …


Sellers' Right To Reclaim Has Priority Over A Perfected Security Interest., James M. Smith Jun 1975

Sellers' Right To Reclaim Has Priority Over A Perfected Security Interest., James M. Smith

St. Mary's Law Journal

Abstract Forthcoming.


An Unpaid Subcontractor Is Entitled To An Equitable Lien On The Retainage When There Is No Bond., Martha I. Macartney Mar 1975

An Unpaid Subcontractor Is Entitled To An Equitable Lien On The Retainage When There Is No Bond., Martha I. Macartney

St. Mary's Law Journal

Abstract Forthcoming.


Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer Mar 1975

Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer

St. Mary's Law Journal

Abstract Forthcoming.


International Harvester Credit Corp. V. American National Bank, 296 So. 2d 32 (Fla. 1974), Joseph E. Issac, Iii Jan 1975

International Harvester Credit Corp. V. American National Bank, 296 So. 2d 32 (Fla. 1974), Joseph E. Issac, Iii

Florida State University Law Review

Uniform Commercial Code- SECURED TRANSACTIONS- PRIORITY OF PERFECTED SECURITY INTEREST IN AFTER-ACQUIRED PROPERTY OVER CONFLICTING PURCHASE MONEY SECURITY INTEREST NOT TIMELY FILED IS LIMITED TO DEBTOR'S EQUITY IN COLLATERAL.


Recapitalizations Under Section 3 (A) (9) Of The Securities Act Of 1933, J. William Hicks Jan 1975

Recapitalizations Under Section 3 (A) (9) Of The Securities Act Of 1933, J. William Hicks

Articles by Maurer Faculty

No abstract provided.


A Proposal For A Constitutional Innkeepers' Lien Statute, David M. Kohen Jan 1975

A Proposal For A Constitutional Innkeepers' Lien Statute, David M. Kohen

Buffalo Law Review

No abstract provided.