Terminology Flashcards

1
Q

Debtor

A

the person who owes payment or performance of the obligation secured.

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2
Q

secured party

A

is a lender, seller, or other person in whose favor there is a security interest

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3
Q

security agreement

A

agreement between the debtor and the secured party that creates the security interest.

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4
Q

security interest

A

an interest in personal property or fixtures that secures payment or performance of an obligation.

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5
Q

Collateral

A

the property subject to a security interest. It is property that the secured party can repossess upon default to ensure that the debt is paid.

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6
Q

PMSI

A

the secured party sells the goods to the debtor on credit and retains a security interest in the goods sold, or creditor loans the funds to the debtor to enable the debtor to buy specific collateral, those funds are used by the debtor to acquire the specific collateral, and the creditor takes a security interest in that collateral.

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7
Q

Classification of goods

A
  1. commercial goods
  2. inventory
  3. equipment.
  4. farm goods.
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8
Q

commercial goods

A

goods used or bought primarily for personal, family, or household purposes

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9
Q

equipment

A

goods used or bought for use in business and the catchall category.

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10
Q

farm products

A

crops or livestock or supplies used or produced in farming operations or products of crops or livestock in their unmanufactured states

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11
Q

inventory

A

goods held for sale or lease, goods that are to be furnished under service contracts, and materials used or consumed in a business in a short period of time

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12
Q

general intangibles

A

Any personal property not coming within the scope of the other definitions, such as patent and trademark rights, copyrights, and goodwill.

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13
Q

instrument

A

Pieces of paper representing the right to be paid money, like promissory notes, drafts.

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14
Q

documents

A

A document that represents the right to receive goods (for example, a bill of lading, a warehouse receipt).

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15
Q

chattel paper

A

A record or records which evidence both (1) a monetary obligation, and (2) a security interest in or a lease of specific goods.

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16
Q

investment property

A

Includes items such as stocks, bonds, mutual funds, and brokerage accounts containing such item

17
Q

accounts

A

Includes a right to payment (that is not evidenced by an instrument or chattel paper) for property sold or services rendered.

18
Q

Deposit account

A

An account maintained with a bank. Note:
In general, Article 9 only applies to security interests in nonconsumer deposit accounts and account monies that are claimed as proceeds of other collateral.

19
Q

commercial tort claims

A

A tort claim where (1) the claimant is
an organization (for example, a partnership or corporation), or (2) the claimant is an individual, the claim arose out of the claimant’s business or profession, and the claim does not include damages for personal injury or the death of an individual.