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Home Professional Practice Areas Uniform Commercial Code/Article 9 Uniform Commercial Code/Article 9

Uniform Commercial Code/Article 9

‘Holder Rule’ Protects Debtors from Claims by Subsequent Holders of Consumer Paper

Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
Court: 
5th Circuit›Texas›Texas Northern District

Sometimes, a Claim Purchaser Can’t File a Claim, Delaware Judges Say

Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
Court: 
3rd Circuit›Delaware

Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract

Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.
Court: 
5th Circuit›Mississippi›Mississippi Southern District

Delaware’s Judge Walrath Writes a Primer on Consignments

Perfecting a consignment is easy, but failing to do so is disastrous.
Court: 
3rd Circuit›Delaware

Trustee Gloms Proceeds of an Unperfected Consignment, Not Just the Goods

Ninth Circuit interprets UCC § 9-319(a) to permit avoidance of consignor’s interest in proceeds of an unperfected consignment.
Court: 
9th Circuit

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