Article 9 Flashcards
Security Interest
Limited right in specific personal property or fixtures (collateral) of the debtor that allows the creditor to take the property if the debtor fails to fulfill the credit obligation; effective when attached
Article 9
Applies to consensual security interests in personalty and fixtures (NOT real estate–apply mortgages there)
Consignments
Trigger A9 when the consigned goods exceed $1000, the consignor isn’t using the goods for personal purposes, and the consignee deals in goods of that kind and not in other goods (i.e., it isn’t a consignment store)
Collateral
Personalty or fixtures creditors can look to for satisfaction including tangibles like consumer goods, equipment, inventory, and farm products
Also includes intangibles like patents, trademarks, copyrights, stocks/bonds, mutual funds, proceeds from the sale of collateral, account, and promissory notes and drafts
Purchase Money Security Interest (PMSI)
Special type of security interest in goods that has priority over all other security interests in teh same goods if certain requirements are met; arises when (1) creditor sells goods to debtor on credit, retaining a sec interest in the goods OR (2) creditor advances funds that are used by the debtor to purchase the goods