Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Avery is a business selling new and used cars. On January 1, Avery borrowed $500,000 from Bank. To secure the obligation to repay the loan,

Avery is a business selling new and used cars. On January 1, Avery borrowed $500,000 from Bank. To secure the obligation to repay the loan, Avery signed an agreement granting Bank a security interest in "all the inventory and accounts of Avery, whether now owned or later acquired."

On February 1, Bank filed a financing statement with the Mississippi Secretary of State's office. The financing statement listed Avery as the debtor and Bank as the creditor, and it identified "all personal property" as the collateral.

On February 10, Avery sold a new car to Consumer, who paid cash. At no point during this transaction was Consumer aware of the financial relationship between Avery and Bank.

It is now May 1, and Avery has defaulted on its payment obligation to Bank.

Explain what type of agreement Avery has with Bank and if and how it was perfected. As between Bank and Consumer, who has a superior claim to the car that Avery sold to Consumer?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Contract Law Text Cases And Materials

Authors: Ewan McKendrick

10th Edition

0192856545, 978-0192856548

More Books

Students also viewed these Law questions

Question

1. Define character and its components.

Answered: 1 week ago