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This text, co-authored by an experienced professor and a distinguished practitioner, uses plain English explanations, samples of security agreements, numerous visual aids, and problems drawn from actual cases to teach the law of personal property secured transactions. It is aimed at upper division students who are tired of reading and briefing cases and are interested in what lawyers really do. We have relied on a skilled practitioner's judgment to guide us in the presentation and emphasis of materials. Students will emerge from this course with a real understanding of how a good lawyer would proceed to handle a case involving UCC Article 9. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific.
​The Law and Practice of Secured Transactions: Working with Article 9 deciphers the Uniform Commercial Code and shows you how to apply Article 9 to your clients' real-life situations. Through numerous practice pointers and hypothetical examples, the authors discuss: attachment and perfection of security interests; priority rules for competing claims to collateral; default, repossession of collateral; strict foreclosure and redemption; choice of law in multi-state transactions; fraudulent conveyance; and trustee avoidance powers under bankruptcy preference law.
Practice Under Article 9 of the UCC is a comprehensive guide for lawyers facilitating secured transactions. It includes: articles that in simple, clear language describe and summarize all of revised Article 9; more than a dozen charts that provide vital guidance to practitioners on such things as how to obtain and maintain perfection Article 9's confusing anti-assignment rules, foreign filing systems, federal statutory liens; the full text and commentary of revised Articles 1 and 9, including the most recent technical amendments; the PEB Commentaries that remain relevant to the interpretation of Article 9; a selected bibliography of useful articles on Article 9 and secured transactions practice.
This text, co-authored by an experienced professor and a distinguished practitioner, uses plain English explanations, samples of security agreements, numerous visual aids, and problems drawn from actual cases to teach the law of personal property secured transactions. It is aimed at upper division students who are tired of reading and briefing cases and are interested in what lawyers really do. The book relies on a skilled practitioner's judgment to guide the presentation and emphasis of materials. Students will emerge from this course with a real understanding of how a good lawyer would proceed to handle a case involving UCC Article 9. The second edition updates the original text to reflect the 2022 amendments to the UCC, including new Article 12, "Controllable Electronic Records," and the many changes that have been made to Article 9 to accommodate it.
The premier authority on secured transactions, Secured Transactions: A Systems Approach is known for its cutting-edge coverage, dynamic pedagogy, and ease of use for instructors. The Systems Approach gives students the big picture. Straightforward explanations and cases prepare the students to solve real-life problems in the context of actual transactions. A modular structure allows for tremendous flexibility in course design. The materials are divided into bite-sized assignments, making it easier for instructors to make and adjust assignments for class. This problem-based casebook supports the teaching of Article 9 alone or expansion of the course to include Article 9 in the full context of bankruptcy, mortgages, judicial liens, and statutory liens. New to the 9th Edition: Updated throughout, while retaining the same structure. Highly adaptable modular text broken into assignments. Main sections can be taught in any order. New cases throughout (including the Second Circuit’s landmark decision in In re Motors Liquidation). Problem-based approach with ethics integrated. Problems progress from easy to difficult. Professors and students will benefit from: Comprehensive Teacher’s Manual with suggestions for teaching coverage, changes from the prior edition, lists of key concepts for each assignment, and the answers to every question asked in the book. The main sections can be taught in any order. Bite-sized assignments organized for 50-minute or 75-minute classes. Can support ABA-qualified experiential courses. Casebook authors who are happy to engage with adopters and include them as characters in the book. Coverage of non-Article 9 aspects of secured transactions that students will need as lawyers Default problem sets for ease of assignment; extra problems for variety from year to year. Engaging problems with interesting characters and real-world issues, providing all of the information necessary to solve the problems. A real-life approach that prepares students for the practice of law. Clear explanations of every subject – no hiding of the ball. Basic financial literacy information included throughout the book. Focus on how lien systems actually work in practice.
The book deals with some of the most complex and interesting modern transactions such as "repos" and "securitization." To offset the complexities of the subject matter, however, Professor White has made this text extremely user-friendly. Every chapter has extensive expository introductory material to help the student get oriented. This manageably-sized book is organized by transaction (e.g., loans on equipment, loans on inventory, etc.), rather than code section (e.g., attachment, perfection, etc.), so that students can see how various transactions develop, rather than learning about sections of the code out of context.
Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.