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Bringing transparency to the Uniform Commercial Code Article 9, one of the most difficult and technical components of commercial law, James Brook uses straightforward introductions and the proven-effective Examples & Explanations pedagogy to provide a clear and complete overview of Secured Transactions. proven-effective Examples & Explanations pedagogy, combining straightforward introductions with well-written examples and explanations that apply concepts, reinforce learning, and test understanding of material covered clear and approachable explanatory text that is informal, yet informative a solid introduction to the basic law in the field covering the rules and policies of the law governing secured transactions as well as the broader issues of legal process usable with both the original and revised versions of Article 9 -- providing parallel citations to both a logical organization that follows the general sequence of topics as they are taught in Secured Transaction courses helpful diagrams and visual aids that illustrate and simplify the intricate provisions of Article 9 Updated throughout and with many new examples, the Fourth Edition features: important new cases and developments in secured transactions, including recent cases addressing the question of the correct name to use in filing a UCC1 financing statement new and updated examples Edition after edition, James Brook has been the trusted authority your students can rely on to present a clear and current picture of the entire Secured Transactions landscape.
This unique study guide uses visual aids such as charts and diagrams to foster student understanding and application of the law governing secured transactions. The organization of the material tracks the outline and scope of traditional Secured Transactions casebooks and covers Article 9 of the UCC and related UCC provisions and sections of the Bankruptcy Code. It takes the basic areas covered by Article 9 and creates a visual aid for the statutory provisions typically assigned in connection with those areas. Some visual aids cover a single section while others summarize a number of sections bearing on a single topic. The overarching goal is to help students see the organizational structure and create visual clues for remembering content. This eBook features links to Lexis Advance for further legal research options.
The purpose of the publication is to assist States in developing modern secured transactions laws with a view to promoting the availability of secured credit. The Guide is intended to be useful to States that do not currently have efficient and effective secured transaction laws, as well as to States that already have workable laws but wish to modernize their laws and modernize them with the laws of other States.
Founder of Peretore and Peretore P C Law Firm Frank Peretore
This book is a great desk reference for the practitioner trying to understand and navigate their way through Article 9 of the U.C.C., to close transactions and most importantly, properly perfect and assure priority of their liens in secured transactions. The book is structured, first and foremost, to help the reader easily determine the type of collateral they are dealing with and then how to perfect in such collateral, including more than 50 different types of collateral. The book also includes an extensive section on how to properly perfect liens by filing a financing statement, as well as sections on how to perfect liens through possession and control. The book still further includes extensive sections on the scope of Article 9, important concepts of Article 9, priority of liens and the intersection of Article 9 and the United States Bankruptcy Code and fraudulent conveyance laws.
This Understanding treatise provides students with an analysis of the underlying rationales of Article 9 of the Uniform Commercial Code, the federal Bankruptcy Code as it relates to Article 9, and other relevant state and federal legislation. Familiarity with these rationales is critical for a true understanding of the law of secured transactions. The Fifth Edition was necessitated by a significant set of amendments to revised Article 9 promulgated by the sponsors in 2012. The amendments have been enacted in over half the states, with a deferred effective date of July 1, 2013. The organization of this text is largely based upon the traditional five-part approach to the law of secured transactions: • Scope of the article; • Attachment of security interests; • Perfection of security interests; • Priorities among competing claimants (including extensive treatment of the effects of bankruptcy on security interests); and • Enforcement of security interests. In addition, this treatise explains in practical terms the essential elements of different types of secured transactions, giving students a perspective that is crucial to their ability to understand how Article 9 functions in the real world. For example, it describes the structure and use of financing arrangements that are made possible through such techniques as asset-based securitization, mortgage warehouse lending, terminal and field warehousing, financing of accounts, factoring of accounts, and floor planning, as well as other methods of transacting business. Entries in the Table of Contents include a descriptive word phrase, along with relevant section numbers of the UCC and the Bankruptcy Code. The Table of Contents does not cite all the provisions that might be relevant, but only the most fundamental provisions relating to the particular topic. This approach should aid students using the book as a supplemental text by enabling them to find the relevant discussion based on either the subject or the basic statutory section numbers. The Index and the Table of Statutes and Authorities enable a more detailed search.
Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.