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On January 1, Secured Party files a financing statement naming Debtor and covering machine XYZ. On that date, Debtor and Secured Party were negotiating the
On January 1, Secured Party files a financing statement naming Debtor and covering machine XYZ. On that date, Debtor and Secured Party were negotiating the terms of a security agreement. On February 1, they came to terms and executed a written security agreement covering machine XYZ, which Debtor signed. Two weeks before, Debtor signed a security agreement with Bank covering machine XYZ, and on the same day Bank filed a proper financing statement. Both Secured Party and Bank made loans to Debtor as part of their respective security agreements. (a) Is Secured Party's filing authorized? If so, on what date? See Comment 3 to 9-509; In re The Adoni Group, 530 B.R. 592 (Bankr. S.D.N.Y.2015). For the bearing of the question on Secured Party and Bank's respective rights in machine XYZ, see Comment 3 (fourth paragraph) to 9-503; 9-322(a)(1); Comment 4 (second paragraph) to 9-322. (b) If Secured Party and Debtor do not reach an agreement and no security interest attaches, Secured Party liable for sanctions under 9 625 for unauthorized filing of the financing statement? Does Debtor have other recourse? See 9-518
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