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Using the strong-arm power to attack name errors under revised Article 9. (Selected Topic).

Business Credit

| March 01, 2002 | Warner, G. Ray | COPYRIGHT 2002 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Prof. G. Ray Warner (1)

As discussed in earlier columns, most of the changes introduced by the Article 9 revision will make it more difficult for security interests to be avoided in bankruptcy. However, one area where that is not the case is the new standard for measuring whether a financing statement sufficiently lists the name of the debtor. The new legal standard, coupled with strict search logic standards being adopted by filing offices, should make it much easier to challenge the perfection of a security interest on the basis of minor errors in the debtor's name.

The Strong-arm Power and Financing Statement Errors

The [ss]544(a)(1) ...

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