Uniform Commercial Code Article 9

166 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Shuster v. Doane
  784 F.2d 883· 8th Cir.· 1986-03-03
  Assignments of a vendor's interest in a contract for deed are interests in real estate, perfected by recording with the county recorder, not by filing a UCC financing statement.
• In re Standard Conveyor Co. v. Leonard
  773 F.2d 198· 8th Cir.· 1985-09-12
  The court held that Berwald's cancellation of the purchase agreement was justified due to unsatisfied financing contingencies, and that accrued rents in the escrow account were not covered by Barclays' security interest.
• Capitol Bank & Tr. OF Chicago v. Fascetta
  771 F.2d 1077· 7th Cir.· 1985-08-29
  The court held that the land trust arrangement created a personal property security interest, not an equitable mortgage, and thus homestead rights were not preserved under the pre-1982 Illinois statute.
• Credit Alliance Corp. v. Jebco Coal Co., Inc.
  688 F.2d 10· 3d Cir.· 1982-08-31
  A filed financing statement, even without an express provision for future advances, perfects a security interest for those future advances as long as the statement itself remains perfected.
• NEW Jersey Bank (National Association) a Corp. of the United States v. Cmty. Association/Farms, Inc.
  666 F.2d 813· 3d Cir.· 1981-12-07
  The court held that the reserve fund was subject to levy under New Jersey law, both as a liquidated, certain, and noncontingent debt and as a security interest under the Uniform Commercial Code.
• Arra v. Atl. Nat'l Bank of Seminole (In Re Jay)
  8 B.R. 774· M.D. Fla.· 1981-01-22
  The court held that an oral security agreement for stock collateral was sufficiently proven, and the trustee could not recover the stock as an unperfected security interest.
• Huguelet v. M & M Assocs., Inc.
  375 So. 2d 1150· Fla. 4th DCA· 1979-10-17
  In this bulk sales dispute, the Florida Fourth District Court of Appeal held that secured creditors are entitled to priority payment from bulk sale proceeds over unsecured creditors, despite statutory language requiring pro rata distribution to all creditors. The court resolved w
• In re Kerr v. Bank OF Independence
  598 F.2d 1206· 10th Cir.· 1979-05-21
  The court held that the 1975 amendments to Kansas law require lenders to use the new, simplified procedure to perfect a security interest in a vehicle, abandoning the prior rule that allowed perfection by notation on the old title.
• Gen. Motors Acceptance Corp. v. Dana
  48 Fla. Supp. 171· Broward Cty. Ct.· 1978-12-05
  General Motors Acceptance Corporation sought a deficiency judgment against Maria G. Dana after repossessing and selling a vehicle securing her conditional sales contract. The court held that mailing notice of sale via certified mail to the debtor's address on file, even though re
• In re Vintage Press, Inc. v. Bankruptcy
  552 F.2d 1145· 5th Cir.· 1977-05-27
  A mere error in the serial number of collateral described in a security agreement does not affect the enforceability of the creditor's security interest if the description reasonably identifies the collateral.
• In re Save-On-Carpets OF Ariz., Inc. v. Trend Mills
  545 F.2d 1239· 9th Cir.· 1976-11-23
  A typed name on a financing statement can constitute a valid signature under Arizona's Uniform Commercial Code if intended to authenticate the writing.
• Georgia-Pacific Corp. v. Consol. Suppliers, Inc.
  332 So. 2d 368· Fla. 1st DCA· 1976-05-18
  Georgia-Pacific Corporation appeals a trial court order determining priority of liens on two Ferrari automobiles among Georgia-Pacific's judgment lien and security interests held by Donald L. Smith and Earl C. May. The appellate court affirms, holding that properly perfected secu
• In re Leasing Consultants v. First Nat'l City Bank
  486 F.2d 367· 2d Cir.· 1973-09-25
• Witmer v. Kleppe
  469 F.2d 1245· 4th Cir.· 1972-12-07
  A contract for the sale of equipment, where title is retained until full payment, creates a security interest under UCC Article 9, even if termed a lease with rent payments.
• In re Leckie Freeburn Coal Co. v. Bankruptcy
  405 F.2d 1043· 6th Cir.· 1969-01-29
  The court held that filing a lease agreement in the real estate deed book is insufficient to perfect a security interest in personal property under the Uniform Commercial Code.