PERFECTION ISSUES UNDER REVISED ARTICLE 9

DB03/. PERFECTION ISSUES UNDER REVISED ARTICLE 92009 Southeastern Bankruptcy Law InstituteAtlantaApril 23-25 Barkley ClarkPartner, Stinson Morrison Hecker LLPW ashington, A portion of these materials consists of newsletter stories reprinted from Clarks' Secured Transactions Monthly, with permission of the publisher, PrattDB03/. Table of Texas Decision Requires Assignees of Motor Vehicle Contracts To Get Their Liens Noted On New Certificates of Circuit Rules That "Supergeneric" Collateral Description Can Cure Error In UCC Financing Page Name Problems .. Page Is A State's "Standard Search Logic"? .. Page Conflicts Between ARTICLE 9 And Certificate Of Title Consumer Dragnet Clauses Enforceable? ..Page In Perfecting Security Interests In IP ..Page Payment Streams From Chattel Paper: Bankruptcy To Enforce Lost Promissory Notes ..Page 3919040913_1 - 3/6/2009 9:45:27 TEXAS DECISION REQUIRES ASSIGNEES OF MOTOR VEHICLE CONTRACTS TO GET THEIR LIENS NOTED ON NEW CERTIFICATES OF TITLE Texas decision sends shock waves through the motor vehicle finance industry, particularly for securitization transactions The facts in the Texas case The assignee of the Texas security interests, Wells Fargo, relies on the "no refiling/retitling" principle governing assignments of security interests UNDER UCC ARTICLE 9 Texas bankruptcy court finds that Texas certificate of title law trumps the UCC: "m

1 9040913_1 - 3/6/2009 9:45:27 am i. recent texas decision requires assignees of motor vehicle contracts to get their liens noted on new

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