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
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
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
3
Q
Order
A
SP PMSC PC LC SC UC [B]