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A. The Filing System; B. Highlights of Forthcoming Changes; C. Recent Case Law

Recorded on: Jan. 14, 2013
Running Time: 01:49:00

Full Transcript:


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Taken from the Web Program Secured Transactions 2013: What Lawyers Need to Know About UCC Article 9 recorded January, 2013 in New York.

Lecture Topics  [01:48:56]

A. The Filing System; B. Highlights of Forthcoming Changes; C. Recent Case Law  [01:48:56]

A. The Filing System

  • The “open drawer” policy
  • Nationally uniform financing statements
  • Debtor signature vs. debtor authorization
  • Description of collateral on the financing statement
  • Location of debtor vs. location of collateral
  • Determining the location of the registered entity and the foreign debtor
  • Which types of collateral affect the filing jurisdiction
  • Estates and trusts as debtors
  • Extended filing for public finance transactions
  • Bogus filings and the debtor’s correction statement
  • Continuation and termination, avoiding a potentially significant transition glitch
  • The continuing impact of the Spearing Tool case
  • Individual name update - proposed revisions
  • Unauthorized terminations

B. Highlights of Forthcoming Changes

  • Financing statements: determining the name of an individual debtor and a registered organization debtor
  • Statutory or common law trusts financing statement requirements
  • New rules for after-acquired property when a debtor changes its location or new debtor becomes bound by the original debtor’s security agreement
  • Treatment of hybrid chattel paper
  • Clarification of anti-assignment provisions
  • Secured party’s right to “correct” record
  • Clarification of enforcement rules

C. Recent Case Law

Hear about recent developments in case law, including implications for:

  • Agreement drafting
  • Deal negotiation
  • Deal strategy
The purchase price of this segment includes the following article from the Course Handbook available online:
  • The Article 9 Filing System
    Darrell W. Pierce
  • A Summary of the Provisions of Article 9 of the Uniform Commercial Code
    Edwin E. Smith
  • Amendments to Article 9 of the UCC Affecting the Filing System
    Sandra S. Stern
  • The Filing System (PowerPoint Slides)
    Darrell W. Pierce
  • Recent Secured Transactions Cases: Lessons for Drafting, Negotiating and Strategy (PowerPoint Slides)
    Edwin E. Smith

Presentation Material

  • A. The Filing System
    Darrell W. Pierce
  • C. Recent Case Law
    Edwin E. Smith
  • A. The Filing System; B. Highlights of Forthcoming Changes; C. Recent Case Law
    Sandra S. Stern
  • B. Highlights of Forthcoming Changes
    Sandra S. Stern
Speaker(s)
Darrell W. Pierce ~ Dykema
Edwin E. Smith ~ Bingham McCutchen LLP
Sandra S. Stern ~ Law Offices of Nordquist & Stern PLLC
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