Exam 37: Secured Transactions and Suretyship

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The most common method of perfecting a security interest under Article 9 is filing a completed financing statement.

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Bill lends Harvey $1,500 and the loan is secured by Harvey's furniture.If Bill files a financing statement on January 30,2012 how long will it be effective?

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A security interest:

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Generally,when may a security interest be perfected in collateral?

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Jill owns and operates a donut shop.Under the Code,the flour,sugar,and other goods used by Jill to make donuts are classified as:

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Elmer agreed to act as the conditional guarantor of collection on a debt of $50,000 that Fred owed to Gloria.Fred paid Elmer a premium to serve as surety.If Fred defaults on the debt,what are Gloria's rights against Elmer?

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The UCC defines a debtor's "rights in collateral" in Article 9.

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A car buyer in the ordinary course of business will take free and clear of a security interest created by any person who owned the automobile prior to the dealer.

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What party(ies)is/are involved in a suretyship relationship?

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Mr.Chickilini is a surety for Wayne on a debt owed to Melvin.If Wayne fails to pay,what is Mr.Chickilini's defense to avoid payment of the debt?

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Darlene uses her computer 75 percent of its usage time for her business and 25 percent of its usage time for personal and family purposes.Under Article 9,the computer would be classified as equipment.

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Diane,who is seventeen years old,purchased an auto from Elvira on credit.Florence agreed to act as surety and signed a written surety agreement.At the time of purchase,Diane specifically asked Elvira about the condition of the car's motor and was told that it had just been replaced with a new one and was in fine condition.This was blatantly untrue,because Elvira knew it was in terrible shape and would only last a short time.The auto has now stopped running and Diane refuses to make any more payments.Elvira is now proceeding against Diane and Florence.What defenses,if any,are available to (a)Diane and (b)Florence?

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Upon the surety's payment of the principal debtor's entire obligation,the surety gets no rights.

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A primary reason for requiring a surety is to reduce the creditor's risk of loss.

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Attachment must occur in order to make a security interest enforceable against the debtor and against third parties.

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If the principal debtor defaults,the surety has rights against the principal debtor,third parties,and cosureties.These rights would include:

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Under Article 9 of the UCC,a pledge is:

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A PMSI is created in goods when a seller retains a security interest in the goods sold on credit by a security agreement.

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"Perfection" is required in order for the secured party to enforce rights against the debtor.

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"Value" under Article 9 of the UCC is defined as including:

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