This podcast by Professor Jennifer S. Martin focuses on two of the elements needed to attach a security interest to collateral under Article 9 of the Uniform Commercial Code: value given and a debtor’s rights in the collateral. The security agreement requirement is the subject of a separate podcast. Learning Outcomes On completion of the […]
Entries Tagged as 'Secured Transactions'
Value and Rights in the Collateral: Discussions in Secured Transactions
October 28th, 2022 · Comments Off on Value and Rights in the Collateral: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
Tags:1-201(35)·1-204·9-203·collateral·security interest·U.C.C. Article 9·value given
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 […]
Tags:2-403·Article 9·collateral·entrustment·entrustment doctrine·security interest
Priority Between Secured Parties: Discussions in Secured Transactions
May 18th, 2021 · Comments Off on Priority Between Secured Parties: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
The topic of this podcast by Professor Scott J. Burnham is how to apply the rules found in § 9-322 for determining priority between one secured party and another secured party with an interest in the same collateral. The podcast assumes that collateral has been characterized as goods. The podcast reviews the basic rule that […]
Tags:§ 9-201·§ 9-203·§ 9-313·§ 9-322·§ 9-322(a)(1)·collateral·first to file·first to perfect·PMSI·secured creditor·Secured Parties·superpriority·unsecured creditor
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 […]
Tags:Article 9·collateral·security agreement·security interest·UCC Article 9
Purchase Money Security Interests Part II: Discussions in Secured Transactions
April 26th, 2021 · Comments Off on Purchase Money Security Interests Part II: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
The topic of this podcast by Professor Scott J. Burnham is to identify when a purchase money security interest (“PMSI” or PIM-zee) has been created and to identify fact patterns that frequently appear on law school and bar examinations where it is significant that a security interest is a PMSI. Remember, a PMSI is simply […]
Tags:§ 9-103·§ 9-203·§ 9-309·§ 9-317·§ 9-320(b)·§ 9-324·§ 9-334·automatic perfection·bankruptcy trustee·judicial lien creditor·PMSI·priority rules·Purchase Money Security Interest·security interest·superpriority
Priority Between a Secured Party and a Party with a Lien: Discussions in Secured Transactions
April 19th, 2021 · Comments Off on Priority Between a Secured Party and a Party with a Lien: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
This podcast by Professor Scott J. Burnham discusses the priority between a secured party and a party with a lien, including a judicial lien creditor, a creditor with a lien arising by operation of law, a creditor with an agricultural lien, and the IRS with a tax lien. The podcast discusses the relationship between Bankruptcy […]
Tags:§ 544(a)·agricultural lien·judicial lien creditor·lien·PMSI·Purchase Money Security Interest·secured party·strong arm clause·tax lien
Classification of Collateral II: Discussions in Secured Transactions
April 12th, 2021 · Comments Off on Classification of Collateral II: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
This is the second of two podcasts by Professor Jennifer S. Martin that describe the process by which a creditor identifies collateral subject to a security interest under Article 9 of the Uniform Commercial Code. This podcast focuses primarily on descriptions of intangible personal property, including the descriptions used in a security agreement. See Classification […]
Tags:classification of collateral·collateral·intangible personal property·intangible property·quasi intangible property·security agreement·security interest
Classification of Collateral I: Discussions in Secured Transactions
April 6th, 2021 · Comments Off on Classification of Collateral I: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
This is the first of two podcasts by Professor Jennifer S. Martin that describe the process by which a creditor identifies collateral subject to a security interest under Article 9 of the Uniform Commercial Code. This podcast focuses primarily on descriptions of tangible personal property, including the descriptions used in a security agreement. See Classification […]
Tags:classification of collateral·collateral·security agreement·security interest·tangible personal property