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Published byEthen Hooper Modified over 9 years ago
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A person wants property (real or personal) or services but does not have money. Person needs to become a debtor.
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1. Refusal
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2. Obtain promise to repay Unsecured creditor General creditor
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3. Obtain surety Co-signer Accommodation party Guarantor
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4. Obtain Collateral Real property = mortgage or deed of trust
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4. Obtain Collateral Personal Property = Article 9 security interest
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1. Is the transaction within scope of Article 9?
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2. Classify the collateral.
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3. Determine if a security interest has been created, that is, has attachment occurred.
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4. Determine if the security interest has been properly perfected.
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5. Determine the persons who are making claims to the collateral.
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6.Apply proper priority rules and rules regarding repossession.
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Hub CarpetRatner DebtorCreditor Benedict Bankruptcy Trustee Issue: Who has priority to the accounts receivable? Loan of money Accounts receivable as collateral
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1. The pledge DR gives CR physical possession of the collateral. Pros? Cons?
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2. Chattel Mortgage 360 Financial Services Queensland, Australia
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3. Conditional Sale Problem 262, p. 761
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4. Trust Receipt
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5. Factor’s Lien
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6. Field Warehousing
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