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Articles 721 - 750 of 871

Full-Text Articles in Secured Transactions

The Priority Rules Of Article Nine, Dan T. Coenen, Albert J. Givray, Deborah Mclean Quinn, Paul Hilton Jun 1977

The Priority Rules Of Article Nine, Dan T. Coenen, Albert J. Givray, Deborah Mclean Quinn, Paul Hilton

Scholarly Works

Priorities. The very word sends chills down the sane lawyer's spine. But if fear and loathing of Article Nine's priority scheme served as a deterrent to undertaking this enterprise, they served as an incentive as well. The complexity of the priority rules is matched only by their importance, for as long as secured financing flourishes, priority disputes over personal property are inevitable. It is the purpose of this project to set forth and explore the body of law that resolves those disputes: the priority rules of Article Nine.

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Seller Alone Is Liable For Failure To Make 'Credit-Sale' Disclosures, Douglas W. Smith May 1977

Seller Alone Is Liable For Failure To Make 'Credit-Sale' Disclosures, Douglas W. Smith

Mercer Law Review

In Manning v. Princeton Consumer Discount Co., the U.S. Court of Appeals for the Third Circuit held that in a credit sale, only the dealer is responsible for making the required credit sale disclosures, even though both a finance company and an automobile dealer are creditors under the Truth in Lending Act.

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The Status Of A Creditor As A 'Controlling Person', Joseph W. Bartlett, Philip S. Lapatin May 1977

The Status Of A Creditor As A 'Controlling Person', Joseph W. Bartlett, Philip S. Lapatin

Mercer Law Review

The growing ingenuity of plaintiffs' counsel in security regulation matters and the current legal trend toward redistributing the burden of loss to those best able to absorb it have together reopened the frontiers of legal liability and introduced much uncertainty to areas which were once securely governed by the individualistic philosophy of the early common law. One of the liveliest and most troublesome questions to appear in this regard concerns the obligations of a creditor to protect the public from his debtor's misconduct. The nature of this problem can usefully be illustrated by the following hypothetical situation:'

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Secured Lending, Ken L. Lott, Robert G. Myers May 1977

Secured Lending, Ken L. Lott, Robert G. Myers

Mercer Law Review

This article makes an attempt to reduce the broad and diverse subject matter of secured lending into some of its simplest common denominators and, from these, to develop some practical guidelines that can be applied to most secured transactions. The following topic will be discussed at some length: loans secured by inventory, accounts receivable, and stocks, bonds and similar collateral. Loans secured by cash value of life insurance, petroleum, ship mortgages and aircraft will be discussed briefly.

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The Description Of Collateral In Security Agreements And Financing Statements, Joseph J. Beard May 1977

The Description Of Collateral In Security Agreements And Financing Statements, Joseph J. Beard

Mercer Law Review

Perhaps the Bard of Avon was correct in his assertion that misdescription of a rose dims its fragrance not one whit; but a misdescription in a security agreement or financing statement may have the most profound consequences, mostly unpleasant, for the "secured" party. The purpose of this article is to explore what constitutes an adequate description of collateral under the Uniform Commercial Code and the judicial decisions interpreting the description requirements of the Code. The discussion is organized by type of collateral as defined in Article 9: inventory, accounts receivable, equipment and consumer goods, as well as an all-encompassing discussion …

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Seller Vs. Secured Party: Searching For An Intangible Something, Allen R. Kamp, Ronald L. Solove May 1977

Seller Vs. Secured Party: Searching For An Intangible Something, Allen R. Kamp, Ronald L. Solove

Mercer Law Review

This article will discuss the resolution of conflicting claims to goods between an unsecured seller of goods and a creditor of a buyer claiming under an after-acquired property clause. The problem is complicated by the lack of a coherent relationship among the rules of the Uniform Commercial Code' relevant to the problem. The U.C.C. has abandoned the concept of title in personal property,2 but has failed to replace the concept with a comprehensive system that can definitively and convincingly resolve controversies arising out of conflicting claims.

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The Creditor, The Debtor And The Fourteenth Amendment, Elwin Griffith May 1977

The Creditor, The Debtor And The Fourteenth Amendment, Elwin Griffith

Mercer Law Review

There has been much commentary on the rights and liabilities arising out of the debtor-creditor relationship. Much of that discussion has centered on the constitutional issues related to the use of such remedies as garnishment, attachment, replevin and repossession. The controversial issue in repossession has been the propriety and constitutionality of the self-help provision of §9-503 of the Uniform Commercial Code. These remedies have provoked discussion when creditors have used them without giving notice and a hearing to debtors.

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Seller V. Secured Party: Searching For An Intangible Something, 28 Mercer L. Rev. 625 (1977), Allen R. Kamp, Ronald L. Solove Jan 1977

Seller V. Secured Party: Searching For An Intangible Something, 28 Mercer L. Rev. 625 (1977), Allen R. Kamp, Ronald L. Solove

UIC Law Open Access Faculty Scholarship

No abstract provided.

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A Bank's Equitable Right Of Set-Off Is Subordinate To A Perfected Security Interest In An Instrument., Gregory Neill Jones Dec 1976

A Bank's Equitable Right Of Set-Off Is Subordinate To A Perfected Security Interest In An Instrument., Gregory Neill Jones

St. Mary's Law Journal

Abstract Forthcoming.

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Toward Maximum Facilitation Of Intent To Create Enforceable Article Nine Security Interests, Harold R. Weinberg Nov 1976

Toward Maximum Facilitation Of Intent To Create Enforceable Article Nine Security Interests, Harold R. Weinberg

Law Faculty Scholarly Articles

Article Nine of the Uniform Commercial Code generally facilitates individual autonomy in the creation of consensual security interests by imposing limited form and content requirements on security agreements. Private autonomy is subordinated, however, where the Article's draftsmen believed that certain other policies required a degree of regulation. Through the process of interpreting and applying a number of Code provisions which set forth the requirements for creating security interests, a court can effectuate what it considers to be the appropriate balance between facilitating the parties' intent to create a security interest and insuring that regulatory policies, such as protecting creditors and …

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Definition Of Control In Secondary Distributions, Rutheford B. Campbell Jr. Nov 1976

Definition Of Control In Secondary Distributions, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

Section 2(11) of the Securities Act of 1933 (Act) generally subjects the sale of securities by a person "controlling an issuer" to the same rules that govern the sale of securities by an issuer. Accordingly, before a "control" person may sell the securities he holds in the controlled corporation he must either register them with the Securities and Exchange Commission (Commission) or qualify for an exemption from the registration requirement. While the Act clearly requires that a "control" person either register or qualify for an exemption, it fails to define "control." Thus, the task of defining has fallen to the …

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Magnuson-Moss Warranty Act: An Overview And Comparison With Ucc Coverage, Disclaimer, And Remedies In Consumer Warranties, Kurt A. Strasser Jul 1976

Magnuson-Moss Warranty Act: An Overview And Comparison With Ucc Coverage, Disclaimer, And Remedies In Consumer Warranties, Kurt A. Strasser

Mercer Law Review

The Magnuson-Moss Warranty-Federal Trade Commission Improvement Act addresses the warranty problems of the consumer in the market place. Recent discussions of consumer problems with warranties have focused on three areas. First, the length and complexity of a typical consumer product warranty makes it too confusing for the average consumer. This is particularly true in light of the consumer's ignorance of the existence of implied warranties. Second, the "warranty," which is expressly made to the consumer, customarily disclaims all implied warranties under the Uniform Commercial Code and, consequently, takes away a great deal more than it gives. Third, a consumer warranty …

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Creditor's Demand Upon Buyer's Default For Amount Including Unearned Interest Constitutes Charging., Peter L. Bloodworth Mar 1976

Creditor's Demand Upon Buyer's Default For Amount Including Unearned Interest Constitutes Charging., Peter L. Bloodworth

St. Mary's Law Journal

Abstract Forthcoming.

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Securitites/Antitrust - Gordon V. New York Stock Exchange - The Securities Exchanges' System Of Fixed Commission Rates Is Impliedly Immune From The Antitrust Laws, Stuart L. Whitt Jan 1976

Securitites/Antitrust - Gordon V. New York Stock Exchange - The Securities Exchanges' System Of Fixed Commission Rates Is Impliedly Immune From The Antitrust Laws, Stuart L. Whitt

Loyola University Chicago Law Journal

No abstract provided.

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Choice Of Law Under Article Nine Of The Ucc, Paul J. Petit Jan 1976

Choice Of Law Under Article Nine Of The Ucc, Paul J. Petit

Loyola University Chicago Law Journal

No abstract provided.

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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 …

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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.

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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.

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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 …

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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.

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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.

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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.

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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.

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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.

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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.

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A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer Sep 1974

A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer

St. Mary's Law Journal

Abstract Forthcoming.

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Taking Stock Of The Court's Jurisdiction In A Sipa Liquidation, Roberta S. Karmel, Jeffery M. Weissman Jul 1974

Taking Stock Of The Court's Jurisdiction In A Sipa Liquidation, Roberta S. Karmel, Jeffery M. Weissman

Faculty Scholarship

No abstract provided.

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The Hardeman Act - Some Unanswered Questions., M.K. Woodward Mar 1974

The Hardeman Act - Some Unanswered Questions., M.K. Woodward

St. Mary's Law Journal

Abstract Forthcoming.

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Employee Compensation Plans: The Need For Stricter Regulation Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Margaret Gray Knodell Mar 1974

Employee Compensation Plans: The Need For Stricter Regulation Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Margaret Gray Knodell

St. Mary's Law Journal

Abstract Forthcoming.

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A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer Mar 1974

A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer

St. Mary's Law Journal

Abstract Forthcoming.

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