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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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Presentation on theme: " A person wants property (real or personal) or services but does not have money.  Person needs to become a debtor."— Presentation transcript:

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2  A person wants property (real or personal) or services but does not have money.  Person needs to become a debtor.

3  1. Refusal

4  2. Obtain promise to repay  Unsecured creditor  General creditor

5  3. Obtain surety  Co-signer  Accommodation party  Guarantor

6  4. Obtain Collateral  Real property = mortgage or deed of trust

7  4. Obtain Collateral  Personal Property = Article 9 security interest

8  1. Is the transaction within scope of Article 9?

9  2. Classify the collateral.

10  3. Determine if a security interest has been created, that is, has attachment occurred.

11  4. Determine if the security interest has been properly perfected.

12  5. Determine the persons who are making claims to the collateral.

13  6.Apply proper priority rules and rules regarding repossession.

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15 Hub CarpetRatner DebtorCreditor Benedict Bankruptcy Trustee Issue: Who has priority to the accounts receivable? Loan of money Accounts receivable as collateral

16  1. The pledge  DR gives CR physical possession of the collateral.  Pros?  Cons?

17  2. Chattel Mortgage 360 Financial Services Queensland, Australia

18  3. Conditional Sale  Problem 262, p. 761

19  4. Trust Receipt

20  5. Factor’s Lien

21  6. Field Warehousing


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