Question
AutoUniverse, a new car dealer, borrowed $500,000 from a bank and signed a security agreement giving the bank a security interest in all current inventory,
AutoUniverse, a new car dealer, borrowed $500,000 from a bank and signed a security agreement giving the bank a security interest in "all current inventory, and all inventory acquired in the future." The bank forgot to file a financing statement. One year later, AutoUniverse defaults. At the time of the default, AutoUniverse owed $400,000 and had 275 cars in inventory, only 15 of which had been in inventory when the security agreement was signed and there were no other secured creditors of AutoUniverse. What can the bank do with respect to the cars in AutoUniverse's inventory? And why?
e) Repossess all the cars, sell them and keep all the proceeds.
f) Repossess all the cars, sell them and keep the proceeds, but not more than $500,000.
g) Repossess all the cars, sell them and keep the proceeds, but not more than$400,000.
h) Repossess only the 15 cars that were in inventory when the security agreement was signed, sell them and keep the proceeds, but not more than $400,000.
i) Not repossess any of the cars because the bank has not filed a financing statement
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