Special Report on
Purchase Money Security Interest
Purchase Money Security Interest - Trends
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Secured financing can sometimes seem simple: Get a security agreement, file a financing statement, secure a loan. In the pork industry, even the multiple parties with interests in hogs — banks, seedstock and feed suppliers, veterinarians and so on — could all get paid because hogs were profitable enough to satisfy all of the claims. Unfortunately, this simple view has been challenged as profitability has fallen in recent years. Let’s review several types of entities that may compete for a financial interest in hogs. Consensual Security Interests Most farmers rely on secured credit. A bank lends a farmer money; ...
On July 2, 2010, the United States Court of Appeals for the Sixth Circuit ruled that, under Kentucky law, the “immunizing” effect of a purchase money security interest under Section 547(c)(3) [FN 1] was held in abeyance as a preference claim defense until the enabling loan security interest was “actually noted on the certificate of title.” Brock v. Branch Banking and Trust Company ( In re Johnson ), — F.3d —-, 2010 WL 2629704 (6th Cir. 2010). The holding had the practical effect of exposing the secured lender in that proceeding to the trustee’s claims for lien ... Read More
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