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Gilmore, Grant. Security Interests in Personal Property. Boston: Little, Brown & Company, 1965. Two volumes. xxxiv, 651; xiii, 653-1508 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-10258. ISBN 1-886363-81-1. Cloth. $195. * Written by the late Grant Gilmore, Co-Reporter for Article 9 of the Uniform Commercial Code, this landmark work, often cited, is extremely well respected as an acknowledged authority in this area. Combines an engrossing account of the drafting of Article 9 as it emerged in its final form with important interpretive data relating to security interests. This title is the recipient of both the Order of the Coif and the James Barr Ames award. Now back in print and of continued relevance today.
The Fourth Edition continues the emphasis on real-life problems and transactions that has distinguished these teaching materials for decades. As in previous editions, the Problems are tailored to focus the student's attention on the relevant statutory language and its application to common patterns of secured financing. They emphasize counseling, planning, drafting, and litigation skills. In addition to more traditional Problems, which ask the student to predict the outcome, many of the Problems ask the student to give advice to clients, to structure transactions, and to draft certain provisions of documents. As in the Third Edition, many of the Problems are based upon Prototype transactions that feature actual transaction documents. The first'financing an automobile dealer's inventory and financing a consumer buyer's purchase of an automobile from the dealer'affords the basis for a discussion of basic Article 9 concepts in a concrete setting. The second Prototype features an accounts and inventory ?borrowing-base? secured credit facility and includes a revolving credit agreement and security agreement. This Prototype forms the basis for detailed coverage of various types of financing secured by receivables and other intangible property.
The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,
This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.
Following on from a previous consultation paper on this topic (Law Commission paper 164, ISBN 011730249X) published in July 2002, this report contains draft regulations which set out a scheme for the registration and priority of mortgages and other forms of security created by companies. It also makes general recommendations on the law applicable to security created by unincorporated businesses. Comments on the consultation paper should be received by 23.11.2004 and sent to James Robinson, Law Commission, Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ or emailed to: [email protected]
This new Short & Happy Guide to Secured Transactions has been created by Professor Barnes to make important concepts from Article 9 of the Uniform Commercial Code plain and understandable to students. The complex topics are explained in a plain-spoken, straightforward way, to make the concepts as simple and accessible as possible. The important provisions of the Code are excerpted and edited for readability, and all concepts are explained with simple, narrative text, and accompanied by easy-to-understand examples which help students understand the Secured Transactions concepts. Look, we're not going to sugar-coat this - Secured Transactions is difficult. This guide makes it much easier to understand, and get a great grade on your Secured Transactions exam.
"The sixth edition of this clear and concise Understanding treatise thoroughly incorporates and explains the 2022 Amendments to the Uniform Commercial Code. These amendments created a new Article 12 governing the holding and transfer of digital assets such as virtual currencies and non-fungible tokens. Significant portions of Article 9, the main subject of the book, were amended to facilitate the use of these assets as collateral for loans and other obligations. In describing these amendments, this edition explains inherently complex topics related to emerging technologies clearly, so that those without a background in technology may readily understand them. The new edition also expands its coverage of existing concepts, providing numerous examples to help the reader apply legal principles to many different types of commercial finance transactions. The chapter on the effects of bankruptcy on secured transactions has been thoroughly revised and expanded and provides the most comprehensive explanation of that topic available anywhere"--
Secured Transactions Under the Uniform Commercial Code and International Commerce presents a clear and concise guide through the law of security interests included in Article 9 and Article 1. Students benefit from the user-friendly problems exploring each issue, illustrating in a concise way how the Code applies to transactions, both as to legal result and as a guide to drafting agreements and financial statements. A significant body of case law from around the country is included in this Second Edition. This new edition is even more user-friendly than the prior edition. Some highlights of the Second Edition are: Notes on "The Role of Codes, Statutes and Case Law" and "Simplifying Complicated Statutory Language" to introduce students to statutory interpretation and help them develop skills to better understand the sometimes complicated text of Article 9. Hypothetical Problems are used on a continuing basis to help students navigate through secured transactions from creation (Chapter 2), to enforcement (Chapter 3), to perfection and priority of the security interest (Chapter 4). With this model, students work with more interesting and more easily understood problems rather than a series of unrelated hypotheticals. Difficult problems created by errors in financing statements, in particular with reference to names of individual debtors, are addressed with new cases interpreting Revised Article 9. Early exposure to In Re QDS which forces them to work with difficult and complicated statutory language to distinguish the so-called "true lease" from the "dirty lease". New materials illustrating breach of the peace, notification, and commercially reasonable foreclosure requirements. Chapter 5 on bankruptcy has been updated to include more comprehensive analysis of the 2005 amendments to the Bankruptcy Code and expanded to include discussion of state and federal rules on fraudulent transfers. The introduction to cross-border secured transactions (Chapter 6), a topic of more and more relevance-and one typically not covered in other casebooks. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.