priority Flashcards

1
Q

general rule

A

first in time first in right

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2
Q

general rule exceptions

A

BICOB

PMSI

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3
Q

when does BICOB beat perfected SP?

A

buyer of goods from seller

during OCOB of seller

good faith without actual knowledge sale is a violation

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4
Q

when does garage sale buyer beat perfected SP?

A

buys goods for personal use from another customer w/o knowledge of SI

SP can get priority by filing before this sale

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5
Q

perfected SP v lien C?

A

perfected SP

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6
Q

unperfected SP v lien c?

A

lien C

EXCEPTION: SP filed FS but yet to give value

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7
Q

PMSI v lien C?

A

if perfected, SP wins

remember they get 20 days to perfect due to auto perfection

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8
Q

PMSI in goods NOT inventory

A

super priority if SP perfects w/n 20 days of possession

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9
Q

PMSI inventory

A

priority if perfected by time D gets possession + notice

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10
Q

PMSI seller v PMSI lender?

A

PMSI seller

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11
Q

SI v mechanics lien

A

Mechanics lien wins if

Effectiveness depends on possession
OCOB
statute doesn’t say opposite

Mechanics lien up to $1,000

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12
Q

SP v SP

Priority over future advances

A

First to file or perfect

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13
Q

SP v lien c

Future advances from lender

A

SP wins if the advance was made within 45 days of lien C creation

Lien c wins if after 45 days unless SP has no knowledge

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14
Q

When does a buyer win with future advances after the sale

A

Sp has knowledge of b purchase

Advance made after 45 days of purchase

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15
Q

General rule for buyers v SP

A

Unless SP authorizes sale free and clear, buyer takes subject to SI

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