Types of Collateral Flashcards

1
Q

Goods (Definition)

A

Goods are moveable, tangible, personal property.

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2
Q

Goods (4 Types)

A

There are 4 types of goods:

  1. Consumer Goods;
  2. Equipment;
  3. Farm Products;
  4. Inventory.

Goods are classified based on the debtor’s use of that good.

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3
Q

Consumer Goods

A

Consumer goods are goods used or bought for personal, household, or family purposes.

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4
Q

Equipment

A

Equipment are goods bought for use in business. This is UCC Article 9’s default category for goods.

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5
Q

Farm Products

A

Farm Products are crops, livestock, or supplies used or produced in farming and in the possession of a debtor engaged in farming.

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6
Q

Inventory

A

Inventory are goods held for sale or lease OR goods consumed by a business over a short period of time.

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7
Q

Semi-intangible and Intangible Property (8 Types)

A

There are 8 types of semi-intangible and intangible property:

  1. Instruments;
  2. Documents;
  3. Chattel Paper;
  4. Investment Property;
  5. Accounts;
  6. Deposit Accounts;
  7. Commercial Tort Claims;
  8. General Intangibles.

Property is classified based on the debtor’s use of that good.

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8
Q

Instrument

A

Instruments are pieces of paper that represent the right to be paid money. Examples include promissory notes and checks.

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9
Q

Documents

A

Documents represent the right to recieve goods.

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10
Q

Chattel Paper

A

Chattel paper is a record is a record that evidences both (1) a monetary obligation and (2) a security interest in a specific good or a lease of a specific good.

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11
Q

Investment Property

A

Investment property includes stocks, bonds, mutual funds, and brokerage accounts.

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12
Q

Accounts

A

An account is the right to be paid for property sold or services rendered.

⇒ Accounts do not include instruments or chattel papers. Nor do they include obligations that arise from the loan of money.

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13
Q

Deposit Accounts

A

A deposit account is an account maintained at a bank.

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14
Q

Commercial Tort Claims

A

A tort claim that arises in the claimant’s profession or business that does not include damages for personal injury or death.

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15
Q

General Intangibles

A

Everything else. This is the default category for semi-intangible and intangible property. It includes things like software, patent and trademark rights, copyrights, and good will.

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16
Q

Original Use Test

A

Under the original use test, a debtor’s original intended use of collateral governs the collateral’s classification.