priority Flashcards
general rule
first in time first in right
general rule exceptions
BICOB
PMSI
when does BICOB beat perfected SP?
buyer of goods from seller
during OCOB of seller
good faith without actual knowledge sale is a violation
when does garage sale buyer beat perfected SP?
buys goods for personal use from another customer w/o knowledge of SI
SP can get priority by filing before this sale
perfected SP v lien C?
perfected SP
unperfected SP v lien c?
lien C
EXCEPTION: SP filed FS but yet to give value
PMSI v lien C?
if perfected, SP wins
remember they get 20 days to perfect due to auto perfection
PMSI in goods NOT inventory
super priority if SP perfects w/n 20 days of possession
PMSI inventory
priority if perfected by time D gets possession + notice
PMSI seller v PMSI lender?
PMSI seller
SI v mechanics lien
Mechanics lien wins if
Effectiveness depends on possession
OCOB
statute doesn’t say opposite
Mechanics lien up to $1,000
SP v SP
Priority over future advances
First to file or perfect
SP v lien c
Future advances from lender
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
When does a buyer win with future advances after the sale
Sp has knowledge of b purchase
Advance made after 45 days of purchase
General rule for buyers v SP
Unless SP authorizes sale free and clear, buyer takes subject to SI