Use or disposition of collateral permissible

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§9-1205. Use or disposition of collateral permissible

(1).  A security interest is not invalid or fraudulent against creditors solely because:  

(a). The debtor has the right or ability to:  

(i) Use, commingle or dispose of all or part of the collateral, including returned or repossessed goods;  

(ii) Collect, compromise, enforce or otherwise deal with collateral;  

(iii) Accept the return of collateral or make repossessions; or  

(iv) Use, commingle or dispose of proceeds; or   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

(b). The secured party fails to require the debtor to account for proceeds or replace collateral.   [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

(2).  This section does not relax the requirements of possession if attachment, perfection or enforcement of a security interest depends upon possession of the collateral by the secured party.  

[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

SECTION HISTORY

PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).


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