Secured Transactions

This is the first of two podcasts 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 on descriptions of tangible personal property.

This is the second of two podcasts 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 on descriptions of intangible personal property.

This podcast 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 by the debtor). The podcast reviews the requirements of security agreements and uses a series of examples to demonstrate when a security interest attaches. 

This podcast 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. 

This podcast 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 Code § 544(a), often referred to as “the strong arm clause," and a PMSI (Purchase Money Security Interest).

The topic of this podcast 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 a secured creditor has priority over an unsecured creditor. It then considers what happens when each party is a secured party. Several hypos walk through the analysis of applying § 9-322(a)(1). The podcast considers topics including PMSIs, superpriority rules, § 9-201, § 9-203 and § 9-313.

The topic of this podcast 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 a specific type of security interest.

The topic of this podcast 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 cases non-payment of a debt). This podcast focuses on the elements required for enforceability of a security interest under UCC Section § 9-203(b) and the alternatives that satisfy the security agreement requirement under § 9-203(b)(3).

This podcast will focus on two types of transactions that might not satisfy § 9-203’s elements but nevertheless create a security interest. These transactions create a security interest due to the form of the transaction: retention of title and consignments. This is the first of two podcasts on this topic; see also Special Attachment Rules II: Sales of Accounts, Chattel Paper, Promissory Notes, and Payment Intangibles. 

This podcast 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 paper, promissory notes, and payment intangibles. This is the second of two podcasts on this topic; see also Special Attachment Rules I: Retention of Title and Consignments. 

This podcast 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.

The topic of this podcast is which party will prevail in a competition for collateral as between buyers of the collateral and secured parties.

This podcast explains the use of after-acquired property clauses and future advances given by secured creditors. This topic primarily requires a careful reading of UCC § 9-204 and a basic understanding of how a secured party attaches its security interest in the first place.

The topic of this podcast 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.

This podcast 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.

This podcast discusses how a secured creditor can perfect a security interest in goods that are or might become fixtures in order to prevail against UCC or real estate claimants of the same collateral.

This podcast discusses how a secured creditor goes about perfecting its security interest in order to prevail against others who might claim the same collateral.

This podcast explains how a secured creditor that does not file a financing statement goes about perfecting its security interest in order to prevail against others who might claim the same collateral, and  includes tips about the type of questions that might appear in the bar exam.

The topic of this podcast 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.

The topic of this podcast is which party will prevail in a competition for collateral as between sellers and the creditor with a security interest in the debtor’s assets.

This podcast discusses the transformation of collateral subject to a security interest, in particular whether a security interest exists in proceeds, products, offspring, accessions, and the like.

The topic of this podcast is the nature of foreclosure of a security interest and, in particular, the right of a secured creditor to obtain possession of collateral after default.

The topic of this podcast is to summarize and evaluate the nature of security interests covered by Article 9. It will also cover transactions that are within the scope of UCC Article 9 even though the parties may not have intended to create a security interest.

This podcast 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.