Alienability of Debtor's Rights

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Secured Transactions
  5. Rights of Third Parties
  6. Alienability of Debtor's Rights

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  1. Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) of this Code section and Code Sections 11-9-406, 11-9-407, 11-9-408, and 11-9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article.
  2. Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.

(Code 1981, §11-9-401, enacted by Ga. L. 2001, p. 362, § 1.)

Law reviews.

- For note discussing procedures required to effect a levy of execution, see 12 Ga. L. Rev. 814 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68A Am. Jur. 2d, Secured Transactions, §§ 121, 122, 269, 510, 550, 553.

C.J.S.

- 72 C.J.S., Pledges, § 43.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 9-401.

ALR.

- Rights of pledgor of collateral note as affected by its transfer by the pledgee to the maker, 99 A.L.R. 26.

Uniform Commercial Code: Burden of proof as to commercially reasonable disposition of collateral, 59 A.L.R.3d 369.

Construction and effect of UCC § 9-311 giving debtor right to transfer his interest in collateral, 45 A.L.R.4th 411.


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