UCC Article 9: Navigating Secured Transactions in 2017 and Beyond
The Uniform Commercial Code (UCC) sets forth rules governing secured transactions and how security interests are attached and perfected against personal property owned by a debtor. UCC practitioners must know the potential pitfalls and exercise due diligence to ensure security interests attach, are properly perfected and priority over other creditor claims is maintained.
In this LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the fundamentals of acquiring security interests, including the attachment and perfection of a security interest, pitfalls encountered with secret or competing liens on UCC collateral and other foreclosure-related issues. Speakers will also cover common default and enforcement issues and review recent case law developments in these areas.
Key topics include:
- Fundamental Rules of UCC Article 9;
- What Is Attachment of a Security Interest;
- What Is Perfection Of A Security Interest And How Is It Accomplished;
- Drafting the Security Agreement;
- Identifying and Assessing Secret or Competing Liens;
- Common Default and Enforcement Issues:
- Repossession of collateral;
- Notification of Sale – What is it, why is it necessary and to whom is it sent;
- Issues Regarding Commercial Reasonableness; and
- Acceptance of collateral in full or partial acceptance of debt.
- Penalties for failure to comply with Article 9;
- Recent Revisions to Article 9; and
- Developments in Recent Case Law
Ervin Cohen & Jessup LLP
Winthrop Couchot Golubow Hollander, LLP
- Overview (Kenneth)
- Objectives and applicability of Article 9
- Attachment (Richard)
- Security interest defined
- Drafting a security agreement
- Perfection (Kenneth)
- What it is and how it’s accomplished
- Special issues: deposit accounts, securities
- Identifying and assessing secret or competing liens (Richard)
- Defaults (Kenneth)
- Payment defaults vs. covenant defaults
- Enforcement (Richard)
- Repossession of collateral
- Notification of sale: What is it, why is it necessary and to whom is it sent
- Commercial reasonableness
- Acceptance of collateral in full or partial acceptance of debt
- Penalties for failure to comply with Article 9 (Kenneth)
Who Should Attend:
- Consumer Finance Attorneys
- Attorneys Practicing Commercial Law
- Secured Transactions Professionals
- Finance Reporting Professionals
- Debt Collection Professionals
- Lending Professionals
- Real Estate Professionals
- Commercial Finance Professionals
- Other related and interested professionals
Kenneth Miller is a partner in the Real Estate, Litigation, and Bankruptcy Departments. Mr. Miller enjoys a diverse practice, primarily focusing on representing lenders and borrowers in real and personal property secured transactions.
Mr. Miller represents lenders, borrowers, landlords, and tenants in complex real and personal property transactions, workouts, litigation and bankruptcy matters. His successes include not merely victories in courts, such as the preparation of a successful motion to dismiss a $40 million complaint, but also triumphs out of court, such as the completion of “failed” real estate construction projects. He also has experience in developing customized models with the management and in-house counsel of his clients to obtain outstanding results on matters in which knowledge of several different disciplines and areas of law are critical for success.
Based upon his substantial experience in representing financial institution clients, Mr. Miller has developed successful procedures for the preparation, negotiation and closing of commercial secured loans, maximizing quality and cost efficiency. Recent accomplishments include preparation and negotiation of secured multi-million dollar loans and purchase and sales agreements for commercial real and personal property located throughout the United States for a variety of clients including Fortune 200 companies.
Mr. Miller is a fellow of the American College of Mortgage Attorneys (ACMA) and is the Chair of its Communications and Public Relations Committee. He has also served on the Uniform Commercial Code Committee of the California State Bar, and was the chair of its Programs and Publications Subcommittee.
Kenneth Miller is a partner in the Real Estate, Litigation, and Bankruptcy Departments. Mr. Miller enjoys a diverse practice, primarily …
Richard H. Golubow is a founder and the managing partner of Winthrop Couchot Golubow Hollander, LLP, a financial restructuring, insolvency and bankruptcy law firm located in Newport Beach, California. Mr. Golubow has extensive experience in the areas of bankruptcy, out-of-court workouts, distressed asset sales, UCC foreclosure sales, and general assignments. His diverse client base includes representation of debtors, creditors, creditor committees, trustees, assignees for the benefit of creditors, receivers and asset purchasers in a wide range of industries. Mr. Golubow has also been retained and designated as a bankruptcy law expert on several occasions.
Mr. Golubow has been honored as the recipient of financial restructuring awards by several leading financial publications, including M&A Advisor for a 2017 “Deal of the Year” Award. He holds an “AV Preeminent” Peer Rating, and has been selected as a “Super Lawyer”, including a 2017 “Top 50 Orange County Super Lawyer.” Mr. Golubow is a frequent speaker and author on various restructuring topics for several organizations and publications including the American Bankruptcy Institute, California Bankruptcy Forum, California Receivers Forum and Financier Worldwide.
Richard H. Golubow is a founder and the managing partner of Winthrop Couchot Golubow Hollander, LLP, a financial restructuring, insolvency …
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Method of Presentation:
Experience in handling secured transactions
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Ervin Cohen & Jessup LLP
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About Winthrop Couchot Golubow Hollander, LLP
Winthrop Couchot Golubow Hollander, LLP (WCGH) is one of Southern California’s premier bankruptcy law firms. For more than three decades, the lawyers at WCGH have been recognized by their peers and the judiciary as leaders in their practice, which is exclusively devoted to complex bankruptcy, insolvency, business reorganization, related commercial litigation, liquidations, acquisitions, out-of-court workouts and general assignments for the benefit of creditors. WCGH’s practice includes pre-bankruptcy petition and post-bankruptcy petition planning and representation.
WCGH has extensive experience representing debtors, creditors, bankruptcy trustees, creditors’ committees, asset purchasers and assignees and assignors in the context of a general assignment for the benefit of creditors. Our clients include publicly and closely held companies, as well as high net worth individuals.
The attorneys at WCGH understand that the law is a means to accomplish their clients’ business and personal objectives, not an end in itself. They listen to their clients and take the time to learn about and understand their clients’ business as well as their needs. WCGH provides innovative, responsive and cost-effective legal solutions.