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September 23, 2019
An Illinois Court of Appeals has reversed the Bankruptcy Court’s decision in 180 Equipment, LLC v First Midwest Bank, which had allowed the bankruptcy trustee to avoid the security interest …
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September 9, 2019
I can’t begin to tell you the number of times I have said or written some variation of “… when filing a UCC, always list the individual’s name as it …
August 12, 2019
An Oklahoma Court of Appeals has determined mechanic’s lien rights don’t extend to a party furnishing labor, because under Oklahoma statute, furnishing labor and performing labor are not synonymous. When …
July 19, 2019
In a bankruptcy proceeding, who has priority over the proceeds from consigned goods? Is it the bankruptcy trustee or the consignor of the goods? The answer in this case depended …
June 24, 2019
Who enjoys a good ol’ mystery game? Today’s mystery is why a Georgia Bankruptcy Court deemed one creditor’s UCC filing seriously misleading, thus making the creditor’s security interest unperfected. First, …
May 20, 2019
You should always perform a reflective search on each UCC filing to ensure your filing was indexed correctly. Through a reflective search you are likely to quickly catch errors in the …
May 17, 2019
We know strict compliance with Article 9 is vital in perfecting your security interest. Collateral descriptions can be a tricky business; don’t be too specific or too vague. Fortunately for …
May 10, 2019
Consignment creditors in the Sports Authority bankruptcy have been dealt a crushing blow with the Court’s recent decision: Sports Authority was not “substantially engaged” in consignment sales. What does the …
April 12, 2019
Wyoming is the first and only state to enact blockchain-enabling laws. It is also the first state to clarify the treatment of digital assets (bitcoin) under the Uniform Commercial Code. …
March 22, 2019
In a recent bankruptcy case, one creditor squeaked by and maintained its secured position despite accidentally terminating its UCC filing. This tale may sound familiar. It was just a few …
March 11, 2019
If reducing your DSO, mitigating your risk and improving working capital aren’t reason enough to file UCCs, I’ve compiled a list of a few more reasons. Five more reasons! A …
February 22, 2019
FMI has released its 2019 U.S. and Canada Construction Outlooks. The report contains a considerable amount of valuable information, but one topic is forefront: be prepared for the next recession. …
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