Code III Flashcards
Chapter 9 of Title 10, Louisiana Revised Statutes, deals with relationships between which of the following groups:
A. Between debtors and creditors
B. Between creditors and creditors.
C. Between debtors and debtors.
D. Both A and B.
D
Is the same version of UCC Article 9 found in every state?
A. No, because some states have not yet enacted the Revised Article 9.
B. No, because state legislatures have made changes to the uniform version when they enacted the statute. (But ALL have adopted it)
C. Yes, because as federal law, it is uniform throughout the states.
D. Yes, because each state has enacted the uniform version
B
Which of the following choice is an accurate statement about Article 9?
A. Every transaction within Article 9 involves at least one creditor, a debtor, and collateral.
B. Under Article 9, in order to perfect a security interest, you must have a valid security interest.
C. Article 9 priority rules determine which creditor of the debtor gets paid first.
D. All of the above
D
Which of the following choice is NOT an accurate statement about a lien?
A. A lien is an interest in debtor’s property created by law to protect a creditor’s interest.
B. A lien can be created by statute.
C. A lien can attach only to the debtor’s personal property.
D. A lien can be created by contract.
C
CarMax sells a car to Bob for $25,000. Bob puts down $5,000 as a down payment. Bob agrees to pay the rest in installments of $1,000 by signing a promissory note (a formal promise to pay). Bob defaults in payments. On these facts, what can CarMax choose to do?
• A. CarMax can repossess the car because Bob promised to pay.
• B. CarMax can sue Bob for damages for breach of contract and get a judgment
against Bob.
• C. CarMax can repossess the car because CarMax has a security interest in the car.
• D. Both A and C
B
Article 9 applies to all transactions, regardless of their form, that create a security interest in personal property or fixtures by contract.
- A. True
- B. False
A
Security interest” means an interest in all property or fixtures which secures payment or performance of an obligation.
- A. True
- B. False
B (PERSONAL property – lien is on real property)
UCC Article 9 applies to all consignments of personal property.
- A. True
- B. False
B– excludes some consignments!
Chapter 9 applies to all consignments of movable property.
A. True
B. False
B
Chapter 9 of Title 10, Louisiana Revised Statutes, covers the following topic:
A. A consensual lien in immovable property.
B. Certain consensual liens in movable property.
C. All consensual liens in movable property.
D. All involuntary liens in movable property.
B
Which one of the following statements is a correct statement regarding the scope of UCC Article 9?
A. UCC Article 9 covers all liens on personal property.
B. UCC Article 9 covers all consensual liens on personal property.
C. UCC Article 9 covers all (some?) consensual liens on personal property and fixtures.*
D. UCC Article 9 covers all liens on personal property, judicial liens and statutory liens such as mechanics liens.
C
Pursuant to a state statute permitting it to do so, an auto repair shop retains possession of David’s car when David fails to pay for the repairs. This is not an Article 9 secured transaction because:
A. The repair shop is not extending credit.
B. The credit is not secured.
C. The transaction does not involve personal property
D. The right to retain the car by the auto repair shop is not given consensually.
D
Mary collects antiques and sends them to Antique Mall, well known in the area for selling antiques on consignment. Mary delivered $3,000 worth of antiques to Antique Mall a few months ago. Mary did not comply with any Article 9 filing requirements. Antique Mall is now in financial trouble. One of its secured creditors has seized Mary’s antiques. Can Mary get her antiques back?
• A. Yes, because Mary delivered the antiques to Antique Mall for sale but did not sell
them to Antique Mall.
• B. Yes, because Mary’s consignment is not included within Article 9.
• C. No, because Mary failed to comply with Article 9’s requirements.
• D. No, because Antique Mall’s creditors may not know that it is generally engaged in
selling the goods of others.
B
David signed an agreement titled “automobile lease” with CarMax whereby David was obligated to make payments of $300 per month for three years and had an option to buy the car at the end of the three year period for $10. This transaction could be included within Article 9.
- A. True
- B. False
A
Federal statutes may affect security interests in ships, aircrafts, railroad equipment, and some interstate commercial vehicles.
- A. True
- B. False
A
UCC Article 9 includes all sales of accounts, chattel paper, promisory notes and payment intangibles.
- A. True
- B. False
B
How does a court determine whether a transaction is a lease or a secured transaction within Article 9?
A. A court will examine factors such as the length of the lease and the rights under the agreement. (Don’t look at intent → this isn’t contract law!)
B. A court will try to determine the parties’ intent.
C. A court will pay attention to how the parties themselves have treated the transaction.
D. Both A and B.
A
Bob wants to buy a new dishwasher from Sears. The dishwasher costs $300 but Bob only has $100 available. Sears agrees to sell the dishwasher to Bob. Bob signs an agreement in which Bob agrees that, if he defaults, Sears has the right to take possession of the dishwasher. In the transaction between Bob and Sears, what is the security interest?
A. Sears’ right with respect to the dishwasher.
B. Buyer’s ownership of the dishwasher.
C. The contract between Bob and Sears.
D. Buyer’s debt to Sears.
A
Penda Machinery, Inc. leased a $2 million manufacturing equipment to Electronics Manufacturing, Inc. (EMI) for 20 years, a period equal to the useful life of the goods. EMI has the right to terminate the lease at any time. EMI also has the option to buy the goods at the end of the lease period for their appraised fair market value. Which of the following additional facts is most likely to turn the lease into an Chapter 9 transaction?
A. EMI must insure the goods and keep them in good repair.
B. The goods were manufactured specially for EMI and not readily suitable for sale to anyone else.
C. The goods have to be integrated into EMI’s manufacturing line and the cost of removing them would exceed the total amount remaining due under the lease.
D. EMI paid $400,000 upon entering into the lease and is obligated to pay $12,000 per month for the 20 year term of the lease (an amount totaling $2,880,000).
C
Muses Gallery is in the business of buying and selling expensive paintings and art pieces. Those art works typically take a long time to sell because of the price tag. Recently, Muses Gallery decided to experiment with a new business model to reduce its inventory cost and to increase foot traffic. It agreed to allow some local artists to exhibit their own art for sale in Muses Gallery. Under the terms of each arrangement, the owner sets the price and Muses Gallery keeps 20 percent of the sale proceeds after a sale. Which of the owners, if any, must comply with Chapter 9?
A. Mary who delivered a recently inherited oil painting to Muses Gallery to be sold for $15,000.
B. John who sells his painting for income delivered a recently completed water color to Muses Gallery for sale for $5,000.
C. Carol who makes pottery pieces and sells them for income delivered three newly completed pottery pieces to be sold for $250 each.
D. David who specializes in special artistic glass vases delivered two pieces of glass vases to be sold for $400 each.
B
Carla took her broken television to Honest John’s Repair Shop to be repaired. Honest John quoted a repair price of $100. They did not sign any written contract and there was no verbal agreement that the television could be retained to secure payment of the repair bill. When the television was repaired, Carla refused to pay. Which of the following statements is most accurate?
A. Honest John has a right under Chapter 9 to retain the television pending payment.
B. Any right that Honest John has to retain the television arises outside of Chapter 9.
C. Honest John does not have any right to retain the television because there is no written agreement.
D. A lien granted by any state statute to Honest John falls within the definition of an Chapter 9 security interest.
B
Home Depot sells electronic appliances to contractors on credit under a standard agreement calling for the contractors to pay within 60 days of receipt for any goods delivered. Once a shipment is sent out, Home Depot records the amount due as an account receivable. Home Depot then sells all of its accounts receivable outright to Financing Unlimited to obtain financing to pay for ongoing business expenses. Which of the following statements is accurate?
A. In both transactions, Home Depot is a secured creditor. The contractors and Financing Unlimited are debtors.
B. Home Depot is a secured creditor in the first transaction, but a debtor in the second transaction.
C. Home Depot is a creditor in the first transaction, but a debtor in the second transaction.
D. Home Depot is a creditor in the first transaction and Financing Unlimited is a debtor in the second transaction.
C
David buys a new leather sofa from Thomas Walker Furniture for $5000, paying $100 down and signing a promissory note for the remaining amount. Thomas Walker Furniture sells the promissory note to Argo Financing as part of its usual business practice. Which one of the following statement is true?
A. Neither transaction is included within the scope of Chapter 9.
B. The first transaction is within Chapter 9.
C. The second transaction is within Chapter 9.
D. Both transactions are within Chapter 9.
C
David’s Machine Shop (“DMS”) has applied for a loan from your client, Octopus National Bank (“ONB”). DMS has signed an agreement and granted ONB a security interest in its intellectual property rights. The intellectual property rights include DMS’ copyright, patents and trademarks. ONB’s in house counsel has asked you what ONB should do to protect its security interest.
A. No need to do anything, because DMS has signed an agreement and granted ONB security interests in some valuable collateral. B. ONB can best protect its interests by filing in the appropriate office under the state’s UCC Article 9. C. ONB can best protect its security interest by filing in the relevant federal offices. D. Both B and C.
D