Security interest Flashcards
after acquired property
without explicit after acquired property clause in the security agreement, only reaches collateral named in the security agreement.
exceptions to after acquired property rule
Even without an after-acquired property clause, a security interest will attach automatically to collateral of a type that’s rapidly depleted and replenished, such as accounts and inventory
exceptions to after acquired property rule
a security interest will attach automatically to collateral of a type that’s rapidly depleted and replenished, such as accounts and inventory, and automatically attaches to identifiable proceeds of collateral.
after acquired clause- consumer goods
do not apply to consumer goods unless the debtor acquires rights in the goods within 10 days after the creditor gives value.
proceeds
security interest in collateral automatically attaches to identifiable proceeds of the collateral.
Identifiable
means that the proceeds can be traced back to the original collateral.
lowest intermediate balance rule
look at the bank account starting at the time the proceeds are deposited and ending at the time you are applying the rule. The lowest balance during
that time period is the secured party’s identifiable proceeds
lowest intermediate balance rule
look at the bank account starting at the time the proceeds are deposited and ending at the time you are applying the rule. The lowest balance during
that time period is the secured party’s identifiable proceeds.