Priority Flashcards

0
Q

Exceptions to GR:

PM SC

A

PM SC gets to cut the line in front of a prior perfected security creditor (PC) (super priority) if and only if:

1 - PM SI CG (excl. titled cars)
2 - Non inventory collateral: if perfected when D receives pzn of goods or w/n 20 days thereafter
3 - Inventory collateral: if perfected when D receives pzn of inventory AND notice to holder of conflicting perfected SI w/n 5 years before the D receives pzn of the collateral

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1
Q

General priority rules

A
  • First to file or perfect
    [ btw 2 perfected Cs, first to file FS gets first bite]
    -PC takes before SC
    -PC takes before LC
    -LC takes before SC
  • Among SCs, 1st to attach wins
  • buyer in GF of tangible chattel paper, tangible docs, good, instruments, or certificated securities, takes free of unperfected SI
  • Buyer in ordinary course of business takes free of PSI
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2
Q

Between two PMSCs

A
  • if 2 PMSCs qualify for priority under 9-324, a seller PMSCS takes before a lender PMSCS (vendor beats lender)
  • if both PMSCs in like position, first to file or perfect rule applies
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3
Q

Order

A
SP PMSC
PC
LC
SC
UC
         [B]
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