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Published byMelvyn Wood Modified over 10 years ago
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A person wants property but does not have money – needs to become a debtor.
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Options available to potential creditor: 1. Refusal
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A person wants property but does not have money – needs to become a debtor. Options available to potential creditor: 1. Refusal 2. Obtain promise to repay
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A person wants property but does not have money – needs to become a debtor. Options available to potential creditor: 1. Refusal 2. Obtain promise to repay 3. Obtain surety
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A person wants property but does not have money – needs to become a debtor. Options available to potential creditor: 1. Refusal 2. Obtain promise to repay 3. Obtain surety 4. Obtain collateral
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1. Collateralized transaction in personal property or fixtures
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a. Property debtor owns
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1. Collateralized transaction in personal property or fixtures a. Property debtor owns b. Property to be acquired with the loan (purchase-money security interest or PMSI)
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1. Collateralized transaction in personal property or fixtures a. Property debtor owns b. Property to be acquired with the loan (purchase-money security interest or PMSI) c. After-acquired property
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1. Collateralized transaction in personal property or fixtures 2. Sales of receivables
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1. Collateralized transaction in personal property or fixtures 2. Sales of receivables 3. Consignments which could deceive creditors
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1. Collateralized transaction in personal property or fixtures 2. Sales of receivables 3. Consignments which could deceive creditors a. Value $1,000 or more
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1. Collateralized transaction in personal property or fixtures 2. Sales of receivables 3. Consignments which could deceive creditors a. Value $1,000 or more b. Not consumer goods
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1. Collateralized transaction in personal property or fixtures 2. Sales of receivables 3. Consignments which could deceive creditors a. Value $1,000 or more b. Not consumer goods c. Potentially deceptive consignee
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1. Collateralized transaction in personal property or fixtures 2. Sales of receivables 3. Consignments which could deceive creditors 4. Lease-purchase arrangements
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Rights governed by U.S. federal law
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Real property (except fixtures)
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Rights governed by U.S. federal law Real property (except fixtures) Tort claims (except commercial tort claims)
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Rights governed by U.S. federal law Real property (except fixtures) Tort claims (except commercial tort claims) Deposit accounts in consumer transactions
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Rights governed by U.S. federal law Real property (except fixtures) Tort claims (except commercial tort claims) Deposit accounts in consumer transactions Statutory liens
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Rights governed by U.S. federal law Real property (except fixtures) Tort claims (except commercial tort claims) Deposit accounts in consumer transactions Statutory liens Wage assignments
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Goods – moveable items and fixtures
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Consumer Goods
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Equipment
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Inventory
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Farm Products -- crops
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Farm Products -- livestock
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Instruments – notes, drafts, checks, CDs
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Documents – Warehouse receipt
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Documents – Bill of lading
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Chattel Paper (1) Monetary Obligation plus (2) Security interest in or lease of goods
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Account Right to money for Goods sold or leased or Services rendered Not evidenced by an instrument or chattel paper.
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Deposit Account – checking or savings account
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Investment Property
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Commercial Tort Claims
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General Intangibles
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1. Creditor gives value
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2.Security agreement (contract)
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1. Creditor gives value 2.Security agreement (contract) a. Oral (the pledge) – only if collateral in creditor’s possesion
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1. Creditor gives value 2.Security agreement (contract) a. Oral b. Authenticated record which describes collateral
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1. Creditor gives value 2.Security agreement (contract) a. Oral b. Authenticated record which describes collateral c. Control
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1. Creditor gives value 2.Security agreement (contract) 3. Debtor has rights in the collateral
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