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Entries Tagged as 'Article 9'

Power to Transfer Rights and Entrustment Under § 2-403: Discussions in Secured Transactions

October 20th, 2022 · Comments Off on Power to Transfer Rights and Entrustment Under § 2-403: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions

This podcast by Professor Jennifer S. Martin focuses on two Article 9 issues: (i) when does a person have sufficient rights to grant an Article 9 security interest even though they have voidable title and (ii) when does the debtor have sufficient rights to grant an Article 9 security interest under the entrustment doctrine. Learning […]

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Special Attachment Rules II: Sales of Accounts, Chattel Paper, Promissory Notes, and Payment Intangibles: Discussions in Secured Transactions

September 13th, 2022 · Comments Off on Special Attachment Rules II: Sales of Accounts, Chattel Paper, Promissory Notes, and Payment Intangibles: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions

This podcast by Professor Jennifer S. Martin will focus on certain sale transactions that might not satisfy § 9-203’s elements for attaching a security interest but nevertheless fall within the definition of a security interest. These transactions create a security interest due to the form of the transaction, in this case sales of accounts, chattel […]

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Security Agreements: Discussions in Secured Transactions

May 11th, 2021 · Comments Off on Security Agreements: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions

The topic of this podcast by Professor Jennifer S. Martin is when a security agreement is sufficient to enable it to attach a security interest to collateral under Article 9 of the Uniform Commercial Code, thereby making it enforceable by the creditor in the event that there is a default by the debtor (in most […]

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Creating a Security Interest – Overview: Discussions in Secured Transactions

May 3rd, 2021 · Comments Off on Creating a Security Interest – Overview: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions

This podcast by Professor Jennifer S. Martin provides an overview of the process by which a creditor attaches a security interest to collateral under Article 9 of the Uniform Commercial Code, thereby making it enforceable by the creditor in the event there are unmet obligations to the creditor (in most cases by non-payment of a loan […]

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Secured Transactions: Priority: Buyers v. Secured Parties

September 6th, 2017 · Comments Off on Secured Transactions: Priority: Buyers v. Secured Parties · Commercial Transactions, Lawdibles Audio, Secured Transactions

The topic of this podcast by Professor Jennifer Martin is which party will prevail in a competition for collateral as between buyers of the collateral and secured parties. While secured parties might expect to prevail with respect to their collateral most of the time, buyers of goods also have expectations that are protected with respect […]

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Secured Transactions: Priority: Purchase Money Security Interests (PMSI)

September 6th, 2017 · Comments Off on Secured Transactions: Priority: Purchase Money Security Interests (PMSI) · Commercial Transactions, Lawdibles Audio, Secured Transactions

The topic of this podcast by Professor Jennifer Martin is which party will prevail in a competition for collateral as between sellers or lenders having a purchase money security interest (“PMSI”) and other creditors with a security interest in the debtor’s assets. While secured parties might expect to prevail with respect to their collateral most […]

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Secured Transactions: Lapse, Continuation, and Termination of Security Interests

September 6th, 2017 · Comments Off on Secured Transactions: Lapse, Continuation, and Termination of Security Interests · Commercial Transactions, Lawdibles Audio, Secured Transactions

The topic of this podcast by Professor Jennifer Martin is how a secured creditor goes about maintaining a perfected security interest in order to prevail against others who might claim the same collateral. This topic primarily requires a careful reading of UCC §§ 9-513 and 9-515 and a basic understanding of how a secured party […]

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Secured Transactions: True and Disguised Leases

September 6th, 2017 · Comments Off on Secured Transactions: True and Disguised Leases · All Posts, Commercial Transactions, Lawdibles Audio, Secured Transactions

This podcast by Professor Jennifer Martin evaluates when a transaction described as a “lease” will be considered a sale with a retention of a security interest and covered by Article 9. In particular, it will describe the situations that suggest that a lease is a true lease and those in which the lease is actually […]

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Secured Transactions: Bankruptcy and the Automatic Stay

September 6th, 2017 · Comments Off on Secured Transactions: Bankruptcy and the Automatic Stay · Commercial Transactions, Lawdibles Audio, Secured Transactions

The topic of this podcast by Professor Jennifer Martin is some of the basic concepts of bankruptcy, as well as the automatic stay, and some ways you might find to get around it. While most courses on secured transactions focus on U.C.C. Article 9, which is state law, sometimes you will find that a debtor […]

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Secured Transactions: Basics

September 6th, 2017 · Comments Off on Secured Transactions: Basics · All Posts, Commercial Transactions, Lawdibles Audio, Secured Transactions

This podcast by Professor Jennifer Martin discusses the nature of security interests, as well as some of the basic vocabulary that you will need to understand the concepts, using the rules set forth in the Uniform Commercial Code Article 9. The rules of Article 9 are state statutory law. The primary terms of art associated with […]

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