Secured Transactions Flashcards

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1
Q

Owner v. Purchaser of stolen good.

A

A good faith buyer (even in ordinary course of business) will lose to an owner if the property was stolen to him

This is true even if the property changes hand several times Owner–Thief–Dealer–Purchaser

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2
Q

Accounts

A

When someone has interest in accounts owed to the Debtor (includes future accounts?)

–right to payment not evidenced by an instrument

Under Art where debtor defaults on loan, creditor may make person who owes debtor pay them directly instead.

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3
Q

Chattel paper

A

writings evidencing both a monetary obligation and a security interest in specific goods.

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4
Q

If property is aquired before marriage but paid for after marriage with marital funds–how is it divided?If property is aquired before marriage but paid for after marriage with marital funds–how is it divided?

A

Court will apportion between separate and marital interest in proportion with contribution.

Post marital increase in value will be marital.

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5
Q

Do both parties need to consent to a no fault divorce?

A

No!

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6
Q

Where can State have PJ for divorce

A

Bona fied resident: states may set minimum durational residency requirements.

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7
Q

How do you create an enforceable security interest/How does he attach?

A

VCR–Value, Contract, Rights in the contract,

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8
Q

What are the 5 types of collateral?

A
consumer goods
equipment
inventory
farm products
fixtures
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9
Q

Consumer Goods?

A

those items used for personal or familial purposes,

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10
Q

Equipment

A

itmes used inbusiness

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11
Q

Inventory

A

goods held for sale or lease

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12
Q

farm products

A

crops livestock supplies used in farming operations

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13
Q

fixtrures

A

items annexed to realty

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14
Q

How to attain perfection?

A

Taking possession
Filing
auto for PMSI in consumer goods

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15
Q

What is the order of priority?

A

BIOC, PAC, LC, NOCie, AUPie, GUC

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16
Q

What happens when you have a AACF-PMSI and a perfected attached creditor?

A

When collateral is equipment, a PMSI will win over a previous AACF, if PMSI lender files properly within 20 days after debtor takes possession

When collateral is inventory, a PMSI will win over a previous AACF if the PMSI lender files before debtor takes possession AND notifies the AACF lender.

17
Q

Accession

A

goods that are physically united with other goods in such a manner that the identity of the original goods are not lost

If the accession becomes part of a whole that is subject to a security interested that has been perfected then the security interest in the whole has priority over security interest in the accession.