Post on 17-Dec-2015
transcript
1
Secured TransactionsAssignment 29
Lienors vs. Secured Creditors:
Future Advances
2
The Big Picture
Part Two: The Creditor Third Party Relationship
Chapter 9: Competitions for Collateral
Assignment 28: Lien Creditors vs. Secureds: The Basics
Assignment 29: Lien Creditors vs. Secured: Future Advances
Assignment 31: Preferences
Assignment 32: Secured Creditors vs. Secured Creditors
Assignment 36: Buyers vs. Secured Creditors
Land, Fixtures, Agriculture, and Minerals
3
Definitions“Advance” means payment of money to borrower as a loan
4
Definitions“Advance” means payment of money to borrower as a loan
“Future advance” means an advance made after (1) the initial advance or (2) the note and security agreement are signed.
5
Definitions“Advance” means payment of money to borrower as a loan
“Future advance” means an advance made after (1) the initial advance or (2) the note and security agreement are signed.
“Non-advance” means an amount that was not advanced to the borrower, but that the borrower is obligated to pay
6
Definitions“Advance” means payment of money to borrower as a loan
“Future advance” means an advance made after (1) the initial advance or (2) the note and security agreement are signed.
“Non-advance” means an amount that was not advanced to the borrower, but that the borrower is obligated to pay
Interest
7
Definitions“Advance” means payment of money to borrower as a loan
“Future advance” means an advance made after (1) the initial advance or (2) the note and security agreement are signed.
“Non-advance” means an amount that was not advanced to the borrower, but that the borrower is obligated to pay
Interest
Attorneys fees incurred in collection
8
Definitions“Advance” means payment of money to borrower as a loan
“Future advance” means an advance made after (1) the initial advance or (2) the note and security agreement are signed.
“Non-advance” means an amount that was not advanced to the borrower, but that the borrower is obligated to pay
Interest
Attorneys fees incurred in collection
Other expenses of the loan paid to third parties
9
Priority RulesGeneral rule (UCC and Real Estate law): All advances and non-
advances have the same priority. Shutze v. Credithrift.
10
Priority RulesGeneral rule (UCC and Real Estate law): All advances and non-
advances have the same priority. Shutze v. Credithrift.
UCC exception: Future advances have priority over intervening liens only if made:
1. Within 45 days after lienor “became a lien creditor”
11
Priority RulesGeneral rule (UCC and Real Estate law): All advances and non-
advances have the same priority. Shutze v. Credithrift.
UCC exception: Future advances have priority over intervening liens only if made:
1. Within 45 days after lienor “became a lien creditor”
2. Without knowledge of the lien, or
12
Priority RulesGeneral rule (UCC and Real Estate law): All advances and non-
advances have the same priority. Shutze v. Credithrift.
UCC exception: Future advances have priority over intervening liens only if made:
1. Within 45 days after lienor “became a lien creditor”
2. Without knowledge of the lien, or
3. Pursuant to commitment entered into withoutknowledge of the lien
13
Priority RulesGeneral rule (UCC and Real Estate law): All advances and non-
advances have the same priority. Shutze v. Credithrift.
UCC exception: Future advances have priority over intervening liens only if made:
1. Within 45 days after lienor “became a lien creditor”
2. Without knowledge of the lien, or
3. Pursuant to commitment entered into withoutknowledge of the lien
Real estate exception (minority rule): Future advances have priority over intervening liens only if made:
2. Without knowledge of the lien, or
3. Pursuant to commitment without knowledge of the lien.
14
Priority RulesNon-advances (real and personal property exceptions): A non-
advance has the priority of the advance to which it relates
15
Uni Imports v. Exchange“The marshal’s service served the writ on Exchange, but
Exchange refused to turn over any of Aparcor’s assets, contending that it had priority status.” Page 482.
16
Uni Imports v. Exchange“The marshal’s service served the writ on Exchange, but
Exchange refused to turn over any of Aparcor’s assets, contending that it had priority status.” Page 482.
How can Exchange bank refuse to permit a levy?
17
Uni Imports v. Exchange“The marshal’s service served the writ on Exchange, but
Exchange refused to turn over any of Aparcor’s assets, contending that it had priority status.” Page 482.
How can Exchange bank refuse to permit a levy?
Page 9: “An officer may force an entry into any enclosure except the dwelling house of the judgment debtor in order to levy . . . on the debtor’s goods . . . .”
18
Uni Imports v. Exchange“The marshal’s service served the writ on Exchange, but
Exchange refused to turn over any of Aparcor’s assets, contending that it had priority status.” Page 482.
How can Exchange bank refuse to permit a levy?
Page 9: “An officer may force an entry into any enclosure except the dwelling house of the judgment debtor in order to levy . . . on the debtor’s goods . . . .”
Page 8. “The sheriff’s duty is to execute the writ according to the plaintiff’s instructions.
19
Uni Imports v. Exchange“The marshal’s service served the writ on Exchange, but
Exchange refused to turn over any of Aparcor’s assets, contending that it had priority status.” Page 482.
How can Exchange bank refuse to permit a levy?
Page 9: “An officer may force an entry into any enclosure except the dwelling house of the judgment debtor in order to levy . . . on the debtor’s goods . . . .”
Page 8. “The sheriff’s duty is to execute the writ according to the plaintiff’s instructions. The writ is in the ‘exclusive control’ of the judgment creditor; the sheriff must follow the creditor’s reasonable instructions regarding the time and manner of making the levy . . . .”
20
Uni Imports v. Exchange“The marshal’s service served the writ on Exchange, but
Exchange refused to turn over any of Aparcor’s assets, contending that it had priority status.” Page 482.
How can Exchange bank refuse to permit a levy?
Page 9: “An officer may force an entry into any enclosure except the dwelling house of the judgment debtor in order to levy . . . on the debtor’s goods . . . .”
Page 8. “The sheriff’s duty is to execute the writ according to the plaintiff’s instructions. The writ is in the ‘exclusive control’ of the judgment creditor; the sheriff must follow the creditor’s reasonable instructions regarding the time and manner of making the levy . . . .”
Answer: Soft levy or this “execution” is garnishment.
21
Problem 29.1, page 492Carol loans $1K secured. BCA
gets $45K judgment lien
Assume boat worth about $32K.
What effect if Bob advances $31K?
1K
22
Problem 29.1, page 492Carol loans $1K secured. BCA gets
$45K judgment lien
Assume boat worth about $32K.
What effect if Bob advances $31K?
1K
45K
23
Problem 29.1, page 492Carol loans $1K secured. BCA gets
$45K judgment lien
Boat is worth about $32K.
1K
45K32K
24
Problem 29.1, page 492Carol loans $1K secured. BCA gets
$45K judgment lien
Boat is worth about $32K.
What result if Carol doesn’t advance?
1K
45K32K
25
Problem 29.1, page 492Carol loans $1K secured. BCA gets
$45K judgment lien
Boat is worth about $32K.
What result if Carol doesn’t advance?
BCA recovers $31K.
1K
45K32K
1K
32K
26
Problem 29.1, page 492Carol loans $1K secured. BCA gets
$45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
Will the new debt be secured?
1K
45K32K
27
Problem 29.1, page 492Carol loans $1K secured. BCA gets
$45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
Will the new debt be secured?
Yes, if there is a security agreement. 1K
45K32K
§9-203(b). [A] security interest is enforceable . . . only if . . .
(3)(A) the debtor has authenticated a security agreement . . .
28
Problem 29.1, page 492Carol loans $1K secured. BCA gets
$45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
Will the new debt be secured?
Yes, if there is a security agreement.
What priority will it have?
1K
45K32K
29
9-317(a)(2). A security interest . . . is subordinate to . . . a person that becomes a lien creditor before the earlier of the time
(A) the security interest . . . is perfected; or
(B) one of the conditions in §9-203(b)(3) is met and a financing statement . . . is filed.
Problem 29.1, page 492Carol loans $1K secured. BCA gets
$45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
Will the new debt be secured?
Yes, if there is a security agreement.
What priority will it have?
1K
45K32K
30
Problem 29.1, page 492
32K
32K
45K
Carol loans $1K secured. BCA gets $45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
If Carol has a future advance clause, her advance has priority because made within 45 days.
31
Problem 29.1, page 492
32K
32K
45K
Carol loans $1K secured. BCA gets $45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
If Carol has a future advance clause, her advance has priority because made within 45 days.
What title passes at the sale?
32
32K
Problem 29.1, page 492
32K
Before After
32K
45K
32K
Carol loans $1K secured. BCA gets $45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
If Carol has a future advance clause, her advance has priority because made within 45 days.
What title passes at the sale?
Buyer takes subject to $32K.
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32K
Problem 29.1, page 492
32K
Before After
32K
45K
32K
Carol loans $1K secured. BCA gets $45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
If Carol has a future advance clause, her advance has priority because made within 45 days.
What title passes at the sale?
Buyer takes subject to $32K.
What can BCA expect from this sale?
34
32K
Problem 29.1, page 492
32K
Before After
32K
45K
32K
Carol loans $1K secured. BCA gets $45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
If Carol has a future advance clause, her advance has priority because made within 45 days.
What title passes at the sale?
Buyer takes subject to $32K.
What can BCA expect from this sale?
Nothing. Bob beat the execution!
35
32K
Problem 29.1, page 492
32K
Before After
32K
45K
32K
Carol loans $1K secured. BCA gets $45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
If Carol has a future advance clause, her advance has priority because made within 45 days.
What title passes at the sale?
Buyer takes subject to $32K.
What can BCA expect from this sale?
Nothing. Bob beat the execution!
What’s the policy for allowing Carol to advance with knowledge of the lien?
36
32K
Problem 29.1, page 492
32K
Before After
32K
45K
32K
Carol loans $1K secured. BCA gets $45K judgment lien
Boat is worth about $32K.
What result if Carol advances $31K?
If Carol has a future advance clause, her advance has priority because made within 45 days.
What title passes at the sale?
Buyer takes subject to $32K.
What can BCA expect from this sale?
Nothing. Bob beat the execution!
What’s the policy for allowing Carol to advance with knowledge of the lien? So secured beats tax lien
37
Problem 29.1, page 492
26 U.S.C. §6323(d). Even though notice of a [tax] lien has been filed, such lien shall not be valid with respect to a security interest that came into existence after tax lien filing by reason of disbursements made before the 46th day after the tax lien filing . . .
SA
Tax lien
Secured
Future advance
45 daysNotice oftax lien
38
Problem 29.1, page 492
26 U.S.C. §6323(d). Even though notice of a [tax] lien has been filed, such lien shall not be valid with respect to a security interest that came into existence after tax lien filing by reason of disbursements made before the 46th day after the tax lien filing . . . but only if such security interest . . . is protected under local law against a judgment lien arising, as of the time of the tax lien filing, out of an unsecured obligation
SA
Tax lien
Secured
Future advance
45 daysNotice oftax lien
39
Problem 29.1, page 492
26 U.S.C. §6323(d). Even though notice of a [tax] lien has been filed, such lien shall not be valid with respect to a security interest that came into existence after tax lien filing by reason of disbursements made before the 46th day after the tax lien filing . . . but only if such security interest . . . is protected under local law against a judgment lien arising, as of the time of the tax lien filing, out of an unsecured obligation
Future advance beats the tax lien . . . .
SA
Tax lien
Secured
Future advance
45 daysNotice oftax lien
40
Problem 29.1, page 492
26 U.S.C. §6323(d). Even though notice of a [tax] lien has been filed, such lien shall not be valid with respect to a security interest that came into existence after tax lien filing by reason of disbursements made before the 46th day after the tax lien filing . . . but only if such security interest . . . is protected under local law against a judgment lien arising, as of the time of the tax lien filing, out of an unsecured obligation
Future advance beats the tax lien provided it would beat a judgment lien.
SA
Judgment
Secured
Future advance
45 daysLevy
41
32K
Problem 29.2, page 492
?
Before After
32K
45K
?
We represent BCA. Sheriff’s sale is a few days from now. Deficiency may be collectible.
42
32K
Problem 29.2, page 492
?
Before After
32K
45K
?
We represent BCA. Sheriff’s sale is a few days from now. Deficiency may be collectible.
If BCA doesn’t know the amount of Carol’s lien, what should BCA bid at the sale?
43
32K
Problem 29.2, page 492
Before After
32K
We represent BCA. Sheriff’s sale is a few days from now. Deficiency may be collectible.
If BCA doesn’t know the amount of Carol’s lien, what should BCA bid at the sale?
Impossible to calculate.1K
45K
1K
44
32K
Problem 29.2, page 492
?
Before After
32K
45K
?
We represent BCA. Sheriff’s sale is a few days from now. Deficiency may be collectible.
If BCA doesn’t know the amount of Carol’s lien, what should BCA bid at the sale?
Impossible to calculate.
How can we find out the amount of Carol’s lien?
45
32K
Problem 29.2, page 492
?
Before After
32K
45K
?
We represent BCA. Sheriff’s sale is a few days from now. Deficiency may be collectible.
If BCA doesn’t know the amount of Carol’s lien, what should BCA bid at the sale?
Impossible to calculate.
How can we find out the amount of Carol’s lien? §9-210?
46
32K
Problem 29.2, page 492
1KBefore After
32K
45K
?
We represent BCA. Sheriff’s sale is a few days from now. Deficiency may be collectible.
If BCA doesn’t know the amount of Carol’s lien, what should BCA bid at the sale?
Impossible to calculate.
How can we find out the amount of Carol’s lien? §9-210?
If we somehow found out it is $1K now, does that help?
47
32K
Problem 29.2, page 492
32K
Before After
32K
45K
32K
We represent BCA. Sheriff’s sale is a few days from now. Deficiency may be collectible.
If BCA doesn’t know the amount of Carol’s lien, what should BCA bid at the sale?
Impossible to calculate.
How can we find out the amount of Carol’s lien? §9-210?
If we somehow found out it is $1K now, does that help? It could change before the sale!
48
32K
Problem 29.2, page 492
?
Before After
32K
45K
?
We represent BCA. Sheriff’s sale is a few days from now. Deficiency may be collectible.
If BCA doesn’t know the amount of Carol’s lien, what should BCA bid at the sale?
Impossible to calculate.
How can we find out the amount of Carol’s lien? §9-210?
If we somehow found out it is $1K now, does that help? It could change before the sale!
What do we do?
49
32K
Problem 29.2, page 492
?
Before After
32K
45K
?
We represent BCA. Sheriff’s sale is a few days from now. Deficiency may be collectible.
If BCA doesn’t know the amount of Carol’s lien, what should BCA bid at the sale?
Impossible to calculate.
How can we find out the amount of Carol’s lien? §9-210?
If we somehow found out it is $1K now, does that help? It could change before the sale!
What do we do? Scream for equity.
50
Problem 29.2, page 492We represent BCA. Sheriff’s sale is a
few days from now. Deficiency may be collectible.
If BCA doesn’t know the amount of Carol’s lien, what should BCA bid at the sale?
Impossible to calculate.
How can we find out the amount of Carol’s lien? §9-210?
If we somehow found out it is $1K now, does that help? It could change before the sale!
What do we do? Scream for equity. But see §9-625(a)!
§9-625(a). If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain . . . disposition of collateral on appropriate terms and conditions.
51
Problem 29.2, page 492We represent BCA. Sheriff’s sale is a
few days from now. Deficiency may be collectible.
If BCA doesn’t know the amount of Carol’s lien, what should BCA bid at the sale?
Impossible to calculate.
How can we find out the amount of Carol’s lien? §9-210?
If we somehow found out it is $1K now, does that help? It could change before the sale!
What do we do? Scream for equity. But see §9-625(a)!
§9-625(a). If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain . . . disposition of collateral on appropriate terms and conditions.
Daniel’s solution: Delay the execution sale 45 days and then discover the balance owing.
52
Problem 29.2, page 492
Uni Imports, page 485 (indented text) quoting the Article 9 drafters (1972):
It seems unfair to make it possible for a debtor and secured party with knowledge of the judgment lien to squeeze out a judgment creditor who has successfully levied on a valuable equity subject to a security interest
53
Problem 29.2, page 492
Uni Imports, page 485 (indented text) quoting the Article 9 drafters (1972):
It seems unfair to make it possible for a debtor and secured party with knowledge of the judgment lien to squeeze out a judgment creditor who has successfully levied on a valuable equity subject to a security interest by permitting later enlargement of the security interest, by an additional advance . . . .
54
Problem 29.2, page 492
Uni Imports, page 485 (indented text) quoting the Article 9 drafters (1972):
It seems unfair to make it possible for a debtor and secured party with knowledge of the judgment lien to squeeze out a judgment creditor who has successfully levied on a valuable equity subject to a security interest by permitting later enlargement of the security interest, by an additional advance.
55
Home equity loans
60K
110K
Home equity
56
Home equity loansGeneral rule (Real Estate law): Future
advances and non-advances have priority over intervening liens.
60K
110K
Home equity
57
Home equity loansGeneral rule (Real Estate law): Future
advances and non-advances have priority over intervening liens.
Home equity loan (blue) permits frequent advances and repayments
60K
30K
110K
Home equity
58
Home equity loansGeneral rule (Real Estate law): Future
advances and non-advances have priority over intervening liens.
Home equity loan (blue) permits frequent advances and repayments
60K
40K
110K
59
Home equity loansGeneral rule (Real Estate law): Future
advances and non-advances have priority over intervening liens.
Home equity loan (blue) permits frequent advances and repayments
60K
10K
110K
60
Home equity loansGeneral rule (Real Estate law): Future
advances and non-advances have priority over intervening liens.
Home equity loan (blue) permits frequent advances and repayments
60K
30K
110K
61
Home equity loans
60K
30K
110K
60K
15K
30K
110KGeneral rule (Real Estate law): Future advances and non-advances have priority over intervening liens.
Home equity loan (blue) permits frequent advances and repayments
The rule ignores the effect on subsequent liens
62
Home equity loans
60K
15K
50K
110KGeneral rule (Real Estate law): Future advances and non-advances have priority over intervening liens.
Home equity loan (blue) permits frequent advances and repayments
The rule ignores the effect on subsequent liens.
63
Home equity loans
60K
15K
50K
110KGeneral rule (Real Estate law): Future advances and non-advances have priority over intervening liens.
Home equity loan (blue) permits frequent advances and repayments
The rule ignores the effect on subsequent liens.
Because the priority is assured, the home equity lender doesn’t have to search before each advance.
64
Home equity loans
60K
15K
50K
110KGeneral rule (Real Estate law): Future advances and non-advances have priority over intervening liens.
Home equity loan (blue) permits frequent advances and repayments
The rule ignores the effect on subsequent liens.
Because the priority is assured, the home equity lender doesn’t have to search before each advance.
General rule is great for home equity lenders.
65
Home equity loansOptional advance rule: If the future advance
is “optional” and made with knowledge of the lien, the advance is subordinate.
60K
15K
30K
110K
66
Home equity loansOptional advance rule: If the future advance
is “optional” and made with knowledge of the lien, the advance is subordinate.
60K
15K
30K
110K 20K
67
Home equity loansOptional advance rule: If the future advance
is “optional” and made with knowledge of the lien, the advance is subordinate.
Shutze: “Many Mississippians need to borrow substantial sums with which to educate their offspring. . . . They and their lenders need the security of the knowledge that their priority position will remain fixed to the date of the original deed of trust . . . . Any other view could imperil the student’s education . . .”
60K
15K
30K
110K 20K
68
Home equity loansOptional advance rule: If the future advance
is “optional” and made with knowledge of the lien, the advance is subordinate.
Shutze: “Many Mississippians need to borrow substantial sums with which to educate their offspring. . . . They and their lenders need the security of the knowledge that their priority position will remain fixed to the date of the original deed of trust . . . . Any other view could imperil the student’s education . . .”
Can home equity lenders live with the optional advance rule?
60K
15K
30K
110K 20K
69
Home equity loansOptional advance rule: If the future advance
is “optional” and made with knowledge of the lien, the advance is subordinate.
Shutze: “Many Mississippians need to borrow substantial sums with which to educate their offspring. . . . They and their lenders need the security of the knowledge that their priority position will remain fixed to the date of the original deed of trust . . . . Any other view could imperil the student’s education . . .”
Can home equity lenders live with the optional advance rule?
60K
15K
30K
110K 20K
Don’t lend with knowledge of a lien?
70
Problem 29.3, page 492 Note, mortgage$50K advance
Mortgagee
71
Problem 29.3, page 492
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
72
Problem 29.3, page 492
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
73
Problem 29.3, page 492 AttorneysFees $5K
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
Interest $10K
74
Problem 29.3, page 492 AttorneysFees $5K
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
Now
Interest $10K
75
Problem 29.3, page 492
Schutze rule applies.
AttorneysFees $5K
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
Now
Interest $10K
76
Problem 29.3, page 492
Schutze rule applies.
Mortgagee has actual knowledge of the lien at time of future advance
AttorneysFees $5K
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
Now
Interest $10K
77
Problem 29.3, page 492
Schutze rule applies.
Mortgagee has actual knowledge of the lien at time of future advance
As between Mortgagee and J, who has priority?
AttorneysFees $5K
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
Now
Interest $10K
78
Problem 29.3, page 492
Schutze rule applies.
Mortgagee has actual knowledge of the lien at time of future advance
As between Mortgagee and J, who has priority? Mortgagee
AttorneysFees $5K
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
Now
Interest $10K
90K
100K
Mortgagee for advances and non-advances
Judgment
79
Problem 29.3, page 492
Optional advance rule applies.
AttorneysFees $5K
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
Now
Interest $10K
80
Problem 29.3, page 492
Optional advance rule applies.
Mortgagee has actual knowledge of the lien at time of optional advance
AttorneysFees $5K
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
Now
Interest $10K
81
Problem 29.3, page 492
Optional advance rule applies.
Mortgagee has actual knowledge of the lien at time of optional advance
As between Mortgagee and J, who has priority?
AttorneysFees $5K
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
Now
Interest $10K
82
Problem 29.3, page 492
Optional advance rule applies.
Mortgagee has actual knowledge of the lien at time of optional advance
As between Mortgagee and J, who has priority?
AttorneysFees $5K
Records$100K
Note, mortgage$50K advance
Judgment
Mortgagee
$25Kadvance
Now
Interest $10K
60K
100K
Mortgagee for $50K and associated non-advances
Judgment
Mortgagee for $25K and associated non-advances
30K
83
45 days
Problem 29.4, page 493 AttorneysFees $5K
Levy$100K
SA, filing,$50K advance
Judgment
Secured
$25Kadvance
Now
Interest $10K
84
45 days
Problem 29.4, page 493 AttorneysFees $5K
Levy$100K
SA, filing,$50K advance
Judgment
Secured
$25Kadvance
Now
Interest $10K
85
Problem 29.4, page 493
§9-323(b) rule applies.
AttorneysFees $5K
Levy$100K
SA, filing,$50K advance
Judgment
Secured
$25Kadvance
Now
Interest $10K45 days
86
Problem 29.4, page 493
§9-323(b) rule applies.
Secured has actual knowledge of the lien at time of optional advance
AttorneysFees $5K
Levy$100K
SA, filing,$50K advance
Judgment
Secured
$25Kadvance
Now
Interest $10K45 days
87
Problem 29.4, page 493
§9-323(b) rule applies.
Secured has actual knowledge of the lien at time of optional advance
As between Secured and J, who has priority?
AttorneysFees $5K
Levy$100K
SA, filing,$50K advance
Judgment
Secured
$25Kadvance
Now
Interest $10K45 days
88
Problem 29.4, page 493
§9-323(b) rule applies.
Secured has actual knowledge of the lien at time of optional advance
As between Secured and J, who has priority?
AttorneysFees $5K
Levy$100K
SA, filing,$50K advance
Judgment
Secured
$25Kadvance
Now
Interest $10K
60K
100K
Secured for $50K and associated non-advances
Judgment
Secured for $25K and associated non-advances
30K
45 days
89
Problem 29.5, page 493
Sheng
Creditors
Judgmententered Levy?
FSFSFS
3 months
Now
90
Problem 29.5, page 493
Sheng
Creditors
Judgmententered
a. What is debtor, Conda Copper, doing?
Levy?
FSFSFS
3 months
Now
91
Problem 29.5, page 493
Sheng
Creditors
Judgmententered
a. What is debtor, Conda Copper, doing?
1. Borrowing secured?
Levy?
FSFSFS
3 months
Now
92
Problem 29.5, page 493
Sheng
Creditors
Judgmententered
a. What is debtor, Conda Copper, doing?
1. Borrowing secured?
2. Converting unsecured debt to secured?
Levy?
FSFSFS
3 months
Now
93
Problem 29.5, page 493
Sheng
Creditors
Judgmententered
a. What is debtor, Conda Copper, doing?
1. Borrowing secured?
2. Converting unsecured debt to secured?
3. Establishing priorities for future loans?
Levy?
FSFSFS
3 months
Now
94
Problem 29.5, page 493
Sheng
Creditors
Judgmententered
a. What is debtor, Conda Copper, doing?
1. Borrowing secured?
2. Converting unsecured debt to secured?
3. Establishing priorities for future loans?
b. What should we do?
Levy?
FSFSFS
3 months
Now
95
Problem 29.5, page 493
Sheng
Creditors
Judgmententered
a. What is debtor, Conda Copper, doing?
1. Borrowing secured?
2. Converting unsecured debt to secured?
3. Establishing priorities for future loans?
b. What should we do?
Levy and then start discovery (or give up now).
Levy?
FSFSFS
3 months
Now