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Type |
Description of Type of Change |
Example |
Disposition |
Signature |
0 (Barter) |
Proceeds received by the debtor fall within the description of collateral in the altready filed financing statement. |
Trade of one piece of equipment for another |
Security agreement attaches to the newly acquired property, and is perfect so long as the new property falls into the same property as the older property. |
No |
0 (via Cash) |
Same as 0(Barter) but debtor exchanges collateral into cash first, provided value is trace |
Selling of one piece of equipment and using the proceeds to buy another |
Security agreement attaches to the newly acquired property, and is perfect so long as the new property falls into the same property as the older property. |
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1 |
Change in use that Doesn’t control place of filing. |
Equipment becomes inventory |
Filing remains effective despite |
No |
Elephant Rule |
Barter where new object wouldn’t change the place of filing |
Equipment exchanged for inventory |
Secured party remains perfected -- constructive notice to later parties. This means that the "description" means less and less. |
No |
1 (via cash) |
Selling collateral, and using proceeds to buy a different class of object that would not change the place of filing |
Equipment sold, and proceeds used for inventory |
Secured party loses perfection, unless secured party files within 10 days |
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2 |
Change in appearance, location or use of collateral |
Equipment becomes different class |
Filing remains effective (searcher’s must find previous locations). If the filing is greater than 10 days, it is not continuous |
No |
2 (Barter) |
Exchange of collateral for non-cash proceeds |
Equipment traded for farm equipment (e. g. different filing office) |
Filing is not effective, but a ten day grace period is given |
No |
2 (via cash) |
Exchange of property via cash where the cash is filed in a different filing office |
Equipment traded for farm equipment (e. g. different filing office) |
Filing is not effective, but a ten day grace period is given |
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3 (sale without commingling)) |
Exchange by debtor for property or cash |
Security interest continues without perfection and is discontinuous unless. The word "proceeds" isn’t effective. Continuity will be preserved if there is a 10 day break (grace period) |
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3 (sale with commingling) |
Exchange by debtor for property or cash where proceeds are comingled |
If funds are comingled before a bankrupcy, secured party is subordinated to possessor. Original secured party is limited to a perfection not exceeding the debtor’s cashflow during the day days before bankrupcy less the amount already paid |
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4 Ordinary Goods is defined as all goods except minerals, or goods covered by a certificate of title |
General rule: secured part should file where the goods are located at the moment of filing, even if the princiapl place of business is elsewhere. |
Non-Movement of most consumer or farm products
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Multistate debtor: Must file everywhere Possession: Can assume will happen in correct state |
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Last event test: the last thing that happens governs where to file. One perfect by doing som eact in the state and according to the alw where the goods are located. |
Goods are in Arizona during when security agreement is signed, but are in Ariza at the time when the creditor files the finacning statement |
To perfect, filing myst be in state where the goods are. If the goods are in transit, they should be filed in state where they are in stansit |
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Movemnet of goods |
Collateral, which is filed against in state A moves to state B |
Purchasers: Interest will become unperfected after four months, otherwise continuous perection (there are some states that allow for automatic perfection) 3rd: Parties who become claimants: Purchasers: Security interest is unperfected as of the end four months Lien Creditors and Trustees: Tolls time limt for perfection until 60 days after the end of the trusteeship |
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4 Mobile Goods |
Minerals |
Multistate debtor: Must file everywhere Possession: Can assume will happen in correct state |
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Real estatea |
Exchange of collateral for real estate |
No allowance under common law to allow secured party to perfect |
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