Attachment Flashcards

1
Q

Requirements for Attachment

A

There are three requirements for attachment to occur:

  1. There must be a security agreement;
  2. Both the debtor and the creditor must give value; and
  3. The debtor must have rights in the collateral.
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2
Q

In what three ways can the security agreement requirement be satisfied?

A

The security agreement requriement can be satisfied in three ways:

  1. A written security agreement;
  2. A pledge, which is when the secured creditor takes possession of the collateral;
  3. Control of the collateral.
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3
Q

Requirements for a Written Security Agreement

A

A written security agreement must satisfy three requirements for attachment to occur:

  1. The agreement must be a record that shows an intent to create a security interest;
  2. The record must be authenticated by the debtor, which generally means it must be signed with the present intent to authenticate;
  3. 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.

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4
Q

Requirements for “Given Value”

A

Nearly any consideration, including past consideration, will do. Note that the debtor effectively gives value automatically by promising to repay the loan.

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5
Q

Requirements of “Debtor must have rights in the collateral”

A

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.

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6
Q

When does a security interest in after-acquired property attach?

A

A security interest in after-acquired property attaches when the debtor takes possession of the after-aquired property.

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