Attachment Flashcards
Requirements for Attachment
There are three requirements for attachment to occur:
- There must be a security agreement;
- Both the debtor and the creditor must give value; and
- The debtor must have rights in the collateral.
In what three ways can the security agreement requirement be satisfied?
The security agreement requriement can be satisfied in three ways:
- A written security agreement;
- A pledge, which is when the secured creditor takes possession of the collateral;
- Control of the collateral.
Requirements for a Written Security Agreement
A written security agreement must satisfy three requirements for attachment to occur:
- The agreement must be a record that shows an intent to create a security interest;
- The record must be authenticated by the debtor, which generally means it must be signed with the present intent to authenticate;
- The record must reasonably identify the collateral.
⇒ Note that while normal vocabulary and Article 9 categories meet the “reasonably identify” requirement. Supergeneric descriptions, such as “all the debtor’s assets,” do not.
Requirements for “Given Value”
Nearly any consideration, including past consideration, will do. Note that the debtor effectively gives value automatically by promising to repay the loan.
Requirements of “Debtor must have rights in the collateral”
The debtor must have property rights in the collateral. Essentially, the debtor can’s grant a contingent property interest in property that the debtor doesn’t have rights in.
When does a security interest in after-acquired property attach?
A security interest in after-acquired property attaches when the debtor takes possession of the after-aquired property.