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Question 1 of 30
1. Question
Prairie Harvest Farms, an Illinois-based agricultural cooperative, granted Agri-Lend Bank a duly perfected security interest in all of its current and after-acquired inventory, including all organic produce. Green Grocer Inc., a retail chain operating in Illinois, regularly purchases produce from various suppliers. Green Grocer Inc. purchased a substantial quantity of heirloom tomatoes from Prairie Harvest Farms, a transaction conducted in the ordinary course of Green Grocer Inc.’s business. Green Grocer Inc. was aware that Prairie Harvest Farms had a financing arrangement with Agri-Lend Bank but had no specific knowledge that the sale of these particular tomatoes would violate the terms of the security agreement between Prairie Harvest Farms and Agri-Lend Bank. What is the status of Agri-Lend Bank’s security interest in the heirloom tomatoes purchased by Green Grocer Inc.?
Correct
The core issue here is the priority of security interests when a buyer of inventory purchases goods in the ordinary course of business. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a buyer in the ordinary course of business (BIOC) takes free of a security interest created by their seller, even if the security interest is perfected and the buyer knows of its existence, unless the buyer knows that the sale is in violation of the security agreement. The debtor, “Prairie Harvest Farms,” granted a security interest in its entire inventory of organic produce to “Agri-Lend Bank.” Agri-Lend Bank properly perfected its security interest by filing a UCC-1 financing statement in Illinois. “Green Grocer Inc.” is a retail grocery store that regularly purchases organic produce from various suppliers, including Prairie Harvest Farms. Green Grocer Inc. purchased a shipment of heirloom tomatoes from Prairie Harvest Farms in the ordinary course of Green Grocer Inc.’s business. There is no indication that Green Grocer Inc. knew that this specific sale was in violation of Agri-Lend Bank’s security agreement with Prairie Harvest Farms. Therefore, Green Grocer Inc. takes the heirloom tomatoes free and clear of Agri-Lend Bank’s security interest. The security interest held by Agri-Lend Bank remains attached to the proceeds of the sale, such as the cash received by Prairie Harvest Farms. The question tests the fundamental protection afforded to buyers in the ordinary course of business under UCC Article 9, specifically regarding inventory. This protection is a cornerstone of commercial transactions, ensuring the smooth flow of goods in the marketplace.
Incorrect
The core issue here is the priority of security interests when a buyer of inventory purchases goods in the ordinary course of business. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a buyer in the ordinary course of business (BIOC) takes free of a security interest created by their seller, even if the security interest is perfected and the buyer knows of its existence, unless the buyer knows that the sale is in violation of the security agreement. The debtor, “Prairie Harvest Farms,” granted a security interest in its entire inventory of organic produce to “Agri-Lend Bank.” Agri-Lend Bank properly perfected its security interest by filing a UCC-1 financing statement in Illinois. “Green Grocer Inc.” is a retail grocery store that regularly purchases organic produce from various suppliers, including Prairie Harvest Farms. Green Grocer Inc. purchased a shipment of heirloom tomatoes from Prairie Harvest Farms in the ordinary course of Green Grocer Inc.’s business. There is no indication that Green Grocer Inc. knew that this specific sale was in violation of Agri-Lend Bank’s security agreement with Prairie Harvest Farms. Therefore, Green Grocer Inc. takes the heirloom tomatoes free and clear of Agri-Lend Bank’s security interest. The security interest held by Agri-Lend Bank remains attached to the proceeds of the sale, such as the cash received by Prairie Harvest Farms. The question tests the fundamental protection afforded to buyers in the ordinary course of business under UCC Article 9, specifically regarding inventory. This protection is a cornerstone of commercial transactions, ensuring the smooth flow of goods in the marketplace.
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Question 2 of 30
2. Question
A lender in Illinois provides financing for a new automobile purchased by a consumer, taking a security interest in the vehicle. The lender files a UCC-1 financing statement with the Illinois Secretary of State but does not seek to have its security interest noted on the vehicle’s certificate of title. Subsequently, the consumer sells the vehicle to a dealership that regularly buys such vehicles in the ordinary course of business. What is the status of the lender’s security interest in the vehicle after the sale to the dealership?
Correct
The core issue here revolves around the perfection of a security interest in a vehicle that is titled in Illinois. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, the perfection of a security interest in goods covered by a certificate of title is governed by the certificate of title statutes of the relevant jurisdiction. Illinois’ Certificate of Title Act specifies that a security interest in a vehicle subject to titling requirements is perfected by notation on the certificate of title. The filing of a UCC-1 financing statement with the Secretary of State of Illinois is generally for goods not covered by a certificate of title, or for fixtures. Since the collateral is a vehicle that requires titling in Illinois, the exclusive method for perfecting a security interest is through notation on the certificate of title by the Illinois Secretary of State. A UCC-1 filing alone does not perfect the security interest in such a vehicle. Therefore, the security interest remains unperfected against a buyer in the ordinary course of business.
Incorrect
The core issue here revolves around the perfection of a security interest in a vehicle that is titled in Illinois. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, the perfection of a security interest in goods covered by a certificate of title is governed by the certificate of title statutes of the relevant jurisdiction. Illinois’ Certificate of Title Act specifies that a security interest in a vehicle subject to titling requirements is perfected by notation on the certificate of title. The filing of a UCC-1 financing statement with the Secretary of State of Illinois is generally for goods not covered by a certificate of title, or for fixtures. Since the collateral is a vehicle that requires titling in Illinois, the exclusive method for perfecting a security interest is through notation on the certificate of title by the Illinois Secretary of State. A UCC-1 filing alone does not perfect the security interest in such a vehicle. Therefore, the security interest remains unperfected against a buyer in the ordinary course of business.
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Question 3 of 30
3. Question
Auriga Corp. of Illinois perfected a security interest in a specialized industrial milling machine owned by Starbright Manufacturing, Inc. Starbright, facing financial difficulties, sold the milling machine to Zenith Parts, a company that regularly buys used industrial equipment but is not considered a “buyer in the ordinary course of business” under Article 9 of the Illinois UCC. Auriga Corp. was aware of Starbright’s intention to sell the machine to recoup some losses but did not explicitly consent to the sale free and clear of its security interest. Following the sale, Auriga Corp. attempted to repossess the milling machine from Zenith Parts. What is the most likely outcome regarding Auriga Corp.’s security interest in the milling machine in the hands of Zenith Parts?
Correct
Under Illinois’s Article 9 of the Uniform Commercial Code, when a secured party has a perfected security interest in collateral and that collateral is sold in the ordinary course of business to a buyer not in the ordinary course of business, the buyer takes the collateral subject to the perfected security interest unless the secured party has authorized the sale free of the security interest. This authorization can be express or implied. An implied authorization might arise from a course of dealing or usage of trade. However, a mere lapse in monitoring or failing to object to a single prior unauthorized sale does not automatically constitute implied authorization for future sales. The secured party’s continued perfection is generally maintained in the proceeds of the sale under UCC § 9-315. If the buyer is not in the ordinary course of business, they do not benefit from the protections afforded to such buyers. Therefore, the perfected security interest continues in the collateral even after the sale, and the secured party can enforce their rights against the collateral in the hands of the buyer. The Illinois UCC § 9-320 addresses buyers in ordinary course of business, but this question specifically deals with a buyer *not* in the ordinary course of business. The key is whether the secured party authorized the disposition of the collateral free of the security interest. Without such authorization, the security interest follows the collateral.
Incorrect
Under Illinois’s Article 9 of the Uniform Commercial Code, when a secured party has a perfected security interest in collateral and that collateral is sold in the ordinary course of business to a buyer not in the ordinary course of business, the buyer takes the collateral subject to the perfected security interest unless the secured party has authorized the sale free of the security interest. This authorization can be express or implied. An implied authorization might arise from a course of dealing or usage of trade. However, a mere lapse in monitoring or failing to object to a single prior unauthorized sale does not automatically constitute implied authorization for future sales. The secured party’s continued perfection is generally maintained in the proceeds of the sale under UCC § 9-315. If the buyer is not in the ordinary course of business, they do not benefit from the protections afforded to such buyers. Therefore, the perfected security interest continues in the collateral even after the sale, and the secured party can enforce their rights against the collateral in the hands of the buyer. The Illinois UCC § 9-320 addresses buyers in ordinary course of business, but this question specifically deals with a buyer *not* in the ordinary course of business. The key is whether the secured party authorized the disposition of the collateral free of the security interest. Without such authorization, the security interest follows the collateral.
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Question 4 of 30
4. Question
AgriSolutions Inc. perfected a security interest in all of Prairie Harvest Farms’ inventory, which included tractors, plows, and harvesters. Prairie Harvest Farms, a well-established agricultural equipment dealer in Illinois, routinely sells these items to various farming operations. Caleb’s Crop Services, a farming entity that regularly purchases equipment from Prairie Harvest Farms in the ordinary course of its business, bought a new combine harvester from Prairie Harvest Farms. Caleb’s Crop Services had no actual or constructive knowledge that this particular sale was in violation of AgriSolutions Inc.’s security agreement. What is the status of Caleb’s Crop Services’ ownership of the combine harvester concerning AgriSolutions Inc.’s security interest?
Correct
The Illinois Uniform Commercial Code (UCC) Article 9 governs secured transactions. When a buyer of goods in the ordinary course of business buys from a seller who is a merchant, and the buyer does not know that the sale is in violation of the security agreement, the buyer takes the goods free of the security interest. This principle is enshrined in UCC § 9-320, which is adopted in Illinois. Here, “Prairie Harvest Farms” is a merchant selling farm equipment. “AgriSolutions Inc.” has a perfected security interest in all of Prairie Harvest Farms’ inventory. “Caleb’s Crop Services,” a buyer in the ordinary course of business, purchases a combine harvester from Prairie Harvest Farms. Caleb’s Crop Services has no knowledge that the sale of this specific combine violates AgriSolutions Inc.’s security agreement. Therefore, Caleb’s Crop Services takes the combine free and clear of AgriSolutions Inc.’s security interest, regardless of AgriSolutions Inc.’s perfected status. The perfection of the security interest is relevant to priority disputes between secured parties or between a secured party and a buyer not in the ordinary course of business, but not to a buyer in the ordinary course of business who meets the statutory criteria.
Incorrect
The Illinois Uniform Commercial Code (UCC) Article 9 governs secured transactions. When a buyer of goods in the ordinary course of business buys from a seller who is a merchant, and the buyer does not know that the sale is in violation of the security agreement, the buyer takes the goods free of the security interest. This principle is enshrined in UCC § 9-320, which is adopted in Illinois. Here, “Prairie Harvest Farms” is a merchant selling farm equipment. “AgriSolutions Inc.” has a perfected security interest in all of Prairie Harvest Farms’ inventory. “Caleb’s Crop Services,” a buyer in the ordinary course of business, purchases a combine harvester from Prairie Harvest Farms. Caleb’s Crop Services has no knowledge that the sale of this specific combine violates AgriSolutions Inc.’s security agreement. Therefore, Caleb’s Crop Services takes the combine free and clear of AgriSolutions Inc.’s security interest, regardless of AgriSolutions Inc.’s perfected status. The perfection of the security interest is relevant to priority disputes between secured parties or between a secured party and a buyer not in the ordinary course of business, but not to a buyer in the ordinary course of business who meets the statutory criteria.
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Question 5 of 30
5. Question
Aurora Equipment Leasing, Inc. entered into a lease agreement with a business located in Chicago, Illinois, for specialized industrial milling machinery. Aurora properly perfected its security interest in the machinery by filing a UCC-1 financing statement with the Illinois Secretary of State on March 15, 2022. Subsequently, Prairie State Bank, which had extended an unsecured line of credit to the same business, obtained a judgment against the business for an outstanding debt and sought to levy on the milling machinery. Which party has the superior right to the milling machinery?
Correct
The core issue here is determining the priority of security interests when a debtor defaults on a loan secured by a piece of equipment. In Illinois, as governed by Article 9 of the Uniform Commercial Code, a secured party’s rights upon default are generally superior to those of unsecured creditors. However, the question hinges on the perfection of the security interest. Aurora Equipment Leasing, Inc. properly perfected its security interest in the milling machine by filing a UCC-1 financing statement in Illinois on March 15, 2022. This filing establishes Aurora’s priority against subsequent claims, including those of an unsecured creditor like Prairie State Bank. Prairie State Bank, having no security interest, is an unsecured creditor. Unsecured creditors do not have a right to specific collateral; their recourse is against the debtor’s general assets. Therefore, Aurora’s perfected security interest in the milling machine gives it priority over Prairie State Bank’s claim to that specific piece of collateral. The fact that Prairie State Bank has a judgment against the debtor is relevant for its rights as a creditor generally, but it does not grant it a superior claim to collateral already subject to a perfected security interest. Aurora’s perfected security interest attaches to the milling machine and allows Aurora to repossess and sell the collateral to satisfy the debt, subject to the rules for disposition of collateral under Article 9. Prairie State Bank’s claim would be satisfied from any remaining proceeds after Aurora and any other secured creditors with prior claims are paid, or from other assets of the debtor not subject to a perfected security interest.
Incorrect
The core issue here is determining the priority of security interests when a debtor defaults on a loan secured by a piece of equipment. In Illinois, as governed by Article 9 of the Uniform Commercial Code, a secured party’s rights upon default are generally superior to those of unsecured creditors. However, the question hinges on the perfection of the security interest. Aurora Equipment Leasing, Inc. properly perfected its security interest in the milling machine by filing a UCC-1 financing statement in Illinois on March 15, 2022. This filing establishes Aurora’s priority against subsequent claims, including those of an unsecured creditor like Prairie State Bank. Prairie State Bank, having no security interest, is an unsecured creditor. Unsecured creditors do not have a right to specific collateral; their recourse is against the debtor’s general assets. Therefore, Aurora’s perfected security interest in the milling machine gives it priority over Prairie State Bank’s claim to that specific piece of collateral. The fact that Prairie State Bank has a judgment against the debtor is relevant for its rights as a creditor generally, but it does not grant it a superior claim to collateral already subject to a perfected security interest. Aurora’s perfected security interest attaches to the milling machine and allows Aurora to repossess and sell the collateral to satisfy the debt, subject to the rules for disposition of collateral under Article 9. Prairie State Bank’s claim would be satisfied from any remaining proceeds after Aurora and any other secured creditors with prior claims are paid, or from other assets of the debtor not subject to a perfected security interest.
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Question 6 of 30
6. Question
AgriBank, a lender in Illinois, perfected a security interest in all of the current and future inventory of “Prairie Harvest Farms” by filing a UCC-1 financing statement on January 15th. Subsequently, FarmCredit, another Illinois lender, extended financing to Prairie Harvest Farms, taking a purchase money security interest in specific farm equipment inventory. FarmCredit filed its own UCC-1 financing statement on February 1st. Prairie Harvest Farms received possession of the new farm equipment inventory on February 15th. On January 20th, FarmCredit sent an authenticated notification to AgriBank stating that FarmCredit expected to acquire a purchase money security interest in Prairie Harvest Farms’ inventory, and the notification adequately described the inventory. Which lender has priority in the farm equipment inventory received by Prairie Harvest Farms on February 15th?
Correct
The scenario involves a purchase money security interest (PMSI) in inventory. Under Illinois’s Article 9 of the Uniform Commercial Code (UCC), a secured party can perfect a PMSI in inventory by filing a financing statement and by giving notification to any other secured party who has filed a financing statement covering the same goods. Specifically, Illinois UCC Section 9-324(b) provides that a PMSI in inventory has priority over a conflicting security interest in the same inventory if the PMSI holder satisfies certain conditions. These conditions include filing a financing statement before the debtor receives possession of the inventory, and sending an authenticated notification to any secured party whose previously filed financing statement covers the inventory. The notification must state that the PMSI holder expects to acquire a PMSI in inventory of the debtor and must describe the inventory. The notification is effective for five years. In this case, “AgriBank” filed its financing statement on January 15th, and “FarmCredit” filed its financing statement on February 1st. AgriBank’s security interest is perfected first. FarmCredit’s security interest is a PMSI in inventory. For FarmCredit’s PMSI to have priority over AgriBank’s prior perfected security interest, FarmCredit must have complied with the special PMSI notification requirements for inventory under UCC § 9-324(b). This requires FarmCredit to send an authenticated notification to AgriBank before AgriBank received possession of the inventory, and that notification must state that FarmCredit expects to acquire a PMSI in inventory of the debtor. Since the facts state FarmCredit sent the notification on January 20th, which was after AgriBank’s filing but before FarmCredit’s filing and before the debtor received possession of the inventory on February 15th, and assuming the notification met the description requirements, FarmCredit’s PMSI would have priority. The date of filing the financing statement is crucial, but the notification requirement for inventory PMSI is a distinct step to gain superpriority over a prior perfected general security interest. Therefore, FarmCredit, by filing and giving proper notification before the debtor received possession, establishes priority for its PMSI in the inventory.
Incorrect
The scenario involves a purchase money security interest (PMSI) in inventory. Under Illinois’s Article 9 of the Uniform Commercial Code (UCC), a secured party can perfect a PMSI in inventory by filing a financing statement and by giving notification to any other secured party who has filed a financing statement covering the same goods. Specifically, Illinois UCC Section 9-324(b) provides that a PMSI in inventory has priority over a conflicting security interest in the same inventory if the PMSI holder satisfies certain conditions. These conditions include filing a financing statement before the debtor receives possession of the inventory, and sending an authenticated notification to any secured party whose previously filed financing statement covers the inventory. The notification must state that the PMSI holder expects to acquire a PMSI in inventory of the debtor and must describe the inventory. The notification is effective for five years. In this case, “AgriBank” filed its financing statement on January 15th, and “FarmCredit” filed its financing statement on February 1st. AgriBank’s security interest is perfected first. FarmCredit’s security interest is a PMSI in inventory. For FarmCredit’s PMSI to have priority over AgriBank’s prior perfected security interest, FarmCredit must have complied with the special PMSI notification requirements for inventory under UCC § 9-324(b). This requires FarmCredit to send an authenticated notification to AgriBank before AgriBank received possession of the inventory, and that notification must state that FarmCredit expects to acquire a PMSI in inventory of the debtor. Since the facts state FarmCredit sent the notification on January 20th, which was after AgriBank’s filing but before FarmCredit’s filing and before the debtor received possession of the inventory on February 15th, and assuming the notification met the description requirements, FarmCredit’s PMSI would have priority. The date of filing the financing statement is crucial, but the notification requirement for inventory PMSI is a distinct step to gain superpriority over a prior perfected general security interest. Therefore, FarmCredit, by filing and giving proper notification before the debtor received possession, establishes priority for its PMSI in the inventory.
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Question 7 of 30
7. Question
Consider Stellar Innovations, Inc., an Illinois-based technology firm, which has granted Aurora Bank a security interest in its primary operating deposit account held at Aurora Bank to secure a substantial loan. Aurora Bank properly filed a UCC-1 financing statement covering all of Stellar Innovations, Inc.’s assets, including its deposit accounts, and also sent a notification letter to Horizon Credit Union, another creditor of Stellar Innovations, Inc. which holds a security interest in Stellar Innovations, Inc.’s inventory. What is the status of Aurora Bank’s security interest in Stellar Innovations, Inc.’s operating deposit account?
Correct
The core issue in this scenario revolves around the perfection of a security interest in a deposit account. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a security interest in a deposit account can only be perfected by control. Control is defined in Section 9-104 of the UCC. For a deposit account, control is typically achieved when the secured party is the bank with which the deposit account is maintained, or when the debtor has agreed that the bank will comply with the secured party’s instructions regarding the deposit account. In this case, Aurora Bank holds a security interest in the deposit account of Stellar Innovations, Inc. Aurora Bank is the bank with which the deposit account is maintained, thus satisfying the control requirement under Section 9-104(a)(1). Therefore, Aurora Bank has a perfected security interest in the deposit account. The filing of a financing statement is generally not sufficient for perfection of a security interest in a deposit account, although it may be necessary for other types of collateral. The notification to other creditors is also not the primary method of perfection for deposit accounts. The question tests the understanding of the exclusive perfection method for deposit accounts under Article 9.
Incorrect
The core issue in this scenario revolves around the perfection of a security interest in a deposit account. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a security interest in a deposit account can only be perfected by control. Control is defined in Section 9-104 of the UCC. For a deposit account, control is typically achieved when the secured party is the bank with which the deposit account is maintained, or when the debtor has agreed that the bank will comply with the secured party’s instructions regarding the deposit account. In this case, Aurora Bank holds a security interest in the deposit account of Stellar Innovations, Inc. Aurora Bank is the bank with which the deposit account is maintained, thus satisfying the control requirement under Section 9-104(a)(1). Therefore, Aurora Bank has a perfected security interest in the deposit account. The filing of a financing statement is generally not sufficient for perfection of a security interest in a deposit account, although it may be necessary for other types of collateral. The notification to other creditors is also not the primary method of perfection for deposit accounts. The question tests the understanding of the exclusive perfection method for deposit accounts under Article 9.
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Question 8 of 30
8. Question
Prairie State Enterprises, an Illinois-based agricultural supplier, has granted Agri-Financers Inc. a security interest in its primary operating deposit account held at Midwest Bank to secure a substantial loan. Agri-Financers Inc. is aware that filing a financing statement is generally not the method for perfecting a security interest in deposit accounts under Article 9 of the Uniform Commercial Code as enacted in Illinois. To ensure its security interest is protected against subsequent claims and to satisfy the perfection requirements for this specific type of collateral, what action must Agri-Financers Inc. take?
Correct
The question concerns the perfection of a security interest in a deposit account. Under Article 9 of the Uniform Commercial Code (UCC), as adopted in Illinois (810 ILCS 5/9-104), a security interest in a deposit account can only be perfected by control. Control is defined in UCC Section 9-104. For a deposit account, control is achieved if the secured party is the bank with which the deposit account is maintained, or if the secured party obtains the agreement of the bank with which the deposit account is maintained to comply with the secured party’s instructions regarding the deposit account. In this scenario, the debtor, “Prairie State Enterprises,” maintains its operating account at “Midwest Bank.” “Agri-Financers Inc.” obtained a security interest in this deposit account. Agri-Financers Inc. did not file a financing statement because Article 9 generally exempts deposit accounts from the filing requirement for perfection (UCC Section 9-312(b)(1)). The critical step for perfection is control. Since Agri-Financers Inc. did not become the bank with which the account is maintained, it must obtain the agreement of Midwest Bank to comply with its instructions. This agreement is typically documented in a control agreement. Without such a control agreement, Agri-Financers Inc.’s security interest, while enforceable between Agri-Financers Inc. and Prairie State Enterprises, is unperfected and subordinate to the rights of a buyer of the account or a lien creditor. Therefore, the most effective method for Agri-Financers Inc. to perfect its security interest in the deposit account is to enter into a control agreement with Midwest Bank.
Incorrect
The question concerns the perfection of a security interest in a deposit account. Under Article 9 of the Uniform Commercial Code (UCC), as adopted in Illinois (810 ILCS 5/9-104), a security interest in a deposit account can only be perfected by control. Control is defined in UCC Section 9-104. For a deposit account, control is achieved if the secured party is the bank with which the deposit account is maintained, or if the secured party obtains the agreement of the bank with which the deposit account is maintained to comply with the secured party’s instructions regarding the deposit account. In this scenario, the debtor, “Prairie State Enterprises,” maintains its operating account at “Midwest Bank.” “Agri-Financers Inc.” obtained a security interest in this deposit account. Agri-Financers Inc. did not file a financing statement because Article 9 generally exempts deposit accounts from the filing requirement for perfection (UCC Section 9-312(b)(1)). The critical step for perfection is control. Since Agri-Financers Inc. did not become the bank with which the account is maintained, it must obtain the agreement of Midwest Bank to comply with its instructions. This agreement is typically documented in a control agreement. Without such a control agreement, Agri-Financers Inc.’s security interest, while enforceable between Agri-Financers Inc. and Prairie State Enterprises, is unperfected and subordinate to the rights of a buyer of the account or a lien creditor. Therefore, the most effective method for Agri-Financers Inc. to perfect its security interest in the deposit account is to enter into a control agreement with Midwest Bank.
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Question 9 of 30
9. Question
Aurora Bank provided financing to Prairie Plows LLC, a farm equipment dealer in Illinois, taking a purchase money security interest in all of Prairie Plows’ inventory. Aurora Bank properly filed a financing statement covering this inventory on January 15th. On January 20th, a farmer, Bartholomew Gable, purchased a new tractor from Prairie Plows in the ordinary course of his farming business. Bartholomew took possession of the tractor on January 22nd. Aurora Bank had not sent any advisement notice to any other secured party. What is the priority of Aurora Bank’s security interest against Bartholomew Gable’s ownership of the tractor?
Correct
The scenario involves a purchase money security interest (PMSI) in inventory. Under Illinois’ version of UCC Article 9, a secured party claiming a PMSI in inventory must satisfy two primary requirements to maintain its perfected status against a buyer in the ordinary course of business. First, the security interest must be perfected when the buyer receives possession of the goods. Second, the secured party must have given an “advisement notice” to any other secured party or lienholder who had previously filed a financing statement covering the same inventory. This notice informs the prior secured party of the PMSI. In this case, Aurora Bank’s security interest in the farm equipment inventory was perfected by filing. However, the crucial element is the advisement notice to any previously perfected secured party. Since no prior secured party is mentioned as having filed a statement covering the same inventory, the absence of an advisement notice to such a party does not affect Aurora Bank’s priority over a buyer in the ordinary course of business. Therefore, Aurora Bank’s perfected PMSI in the inventory gives it priority over any buyer in the ordinary course of business, even if that buyer purchases the goods before Aurora Bank’s security interest is perfected, provided the PMSI is perfected before the buyer receives possession. The perfection of the PMSI is achieved by filing the financing statement. The question states Aurora Bank filed a financing statement covering the inventory. Thus, Aurora Bank’s perfected PMSI takes priority over a buyer in the ordinary course of business.
Incorrect
The scenario involves a purchase money security interest (PMSI) in inventory. Under Illinois’ version of UCC Article 9, a secured party claiming a PMSI in inventory must satisfy two primary requirements to maintain its perfected status against a buyer in the ordinary course of business. First, the security interest must be perfected when the buyer receives possession of the goods. Second, the secured party must have given an “advisement notice” to any other secured party or lienholder who had previously filed a financing statement covering the same inventory. This notice informs the prior secured party of the PMSI. In this case, Aurora Bank’s security interest in the farm equipment inventory was perfected by filing. However, the crucial element is the advisement notice to any previously perfected secured party. Since no prior secured party is mentioned as having filed a statement covering the same inventory, the absence of an advisement notice to such a party does not affect Aurora Bank’s priority over a buyer in the ordinary course of business. Therefore, Aurora Bank’s perfected PMSI in the inventory gives it priority over any buyer in the ordinary course of business, even if that buyer purchases the goods before Aurora Bank’s security interest is perfected, provided the PMSI is perfected before the buyer receives possession. The perfection of the PMSI is achieved by filing the financing statement. The question states Aurora Bank filed a financing statement covering the inventory. Thus, Aurora Bank’s perfected PMSI takes priority over a buyer in the ordinary course of business.
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Question 10 of 30
10. Question
A manufacturing firm in Illinois, “Prairie Steelworks,” obtained a loan from “First National Bank” and granted the bank a security interest in all its existing and after-acquired equipment. First National Bank promptly filed a UCC-1 financing statement in Illinois on January 15th. Subsequently, “Midwest Capital LLC” provided a loan to Prairie Steelworks specifically for the purchase of a new, specialized laser cutting machine, taking a purchase-money security interest (PMSI) in that machine. Midwest Capital LLC also filed a UCC-1 financing statement in Illinois on February 1st. Prairie Steelworks defaults on both loans. Assuming both security interests are properly perfected and no other intervening interests exist, which secured party has priority regarding the laser cutting machine?
Correct
In Illinois, under Article 9 of the Uniform Commercial Code, when a secured party has a security interest in collateral that is also covered by a purchase-money security interest (PMSI) perfected by a proper filing, and a second secured party subsequently obtains a security interest in the same collateral, the priority between these two secured parties is determined by the rules of Article 9. Specifically, if the first secured party has a perfected PMSI, it generally has priority over a later-filed or unperfected security interest. However, if the second secured party also perfects its security interest and its security interest is not subordinate to the PMSI holder (e.g., by not being a purchase-money lender itself or by failing to meet PMSI requirements), then the general priority rules apply. Under UCC § 9-322, if both security interests are perfected by filing, priority is generally given to the secured party that first filed a financing statement covering the collateral. If one is perfected and the other is unperfected, the perfected security interest has priority. In this scenario, both parties have perfected their security interests by filing. Therefore, the priority is determined by the order of filing. The secured party that filed its financing statement first will have priority over the collateral. The fact that the first security interest was a PMSI is relevant to its initial perfection and potential superpriority against certain other interests, but once both are perfected by filing, the first-to-file rule generally governs the priority between them, unless specific exceptions apply which are not indicated in the problem.
Incorrect
In Illinois, under Article 9 of the Uniform Commercial Code, when a secured party has a security interest in collateral that is also covered by a purchase-money security interest (PMSI) perfected by a proper filing, and a second secured party subsequently obtains a security interest in the same collateral, the priority between these two secured parties is determined by the rules of Article 9. Specifically, if the first secured party has a perfected PMSI, it generally has priority over a later-filed or unperfected security interest. However, if the second secured party also perfects its security interest and its security interest is not subordinate to the PMSI holder (e.g., by not being a purchase-money lender itself or by failing to meet PMSI requirements), then the general priority rules apply. Under UCC § 9-322, if both security interests are perfected by filing, priority is generally given to the secured party that first filed a financing statement covering the collateral. If one is perfected and the other is unperfected, the perfected security interest has priority. In this scenario, both parties have perfected their security interests by filing. Therefore, the priority is determined by the order of filing. The secured party that filed its financing statement first will have priority over the collateral. The fact that the first security interest was a PMSI is relevant to its initial perfection and potential superpriority against certain other interests, but once both are perfected by filing, the first-to-file rule generally governs the priority between them, unless specific exceptions apply which are not indicated in the problem.
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Question 11 of 30
11. Question
Prairie Agricultural Supplies (PAS) of Illinois perfected a security interest in all of Farmer McGregor’s farm equipment, including his combine harvester, by filing a financing statement. Farmer McGregor, facing financial difficulties, subsequently sold the combine to Cornfield Custom Harvesting LLC (CCH), a company in Illinois that provides custom harvesting services to various farms. CCH purchased the combine for its fair market value, acted in good faith, and had no actual knowledge that the sale to them was in violation of PAS’s security agreement. Following the sale, PAS attempted to repossess the combine from CCH, asserting its perfected security interest. What is the legal status of CCH’s ownership of the combine relative to PAS’s security interest?
Correct
The core issue here is the priority of security interests when collateral is transferred. Under Article 9 of the Uniform Commercial Code (UCC), as adopted in Illinois, a buyer of goods generally takes free of a security interest created by the seller if the buyer is a buyer in ordinary course of business (BIOC) and does not know that the sale is in violation of the security agreement. In this scenario, “Prairie Agricultural Supplies” (PAS) has a perfected security interest in all of Farmer McGregor’s farm equipment, including the combine harvester. Farmer McGregor, the debtor, sells the combine to “Cornfield Custom Harvesting LLC” (CCH). CCH is in the business of custom harvesting and purchased the combine for value, in good faith, and without knowledge that the sale to them was in violation of PAS’s security interest. Therefore, CCH is a BIOC. UCC § 9-320(a) provides that a buyer in ordinary course of business takes free of a security interest even if the security interest is perfected, unless the buyer also knows that the sale is in violation of some specific provisions of the security agreement. Since CCH meets the definition of a BIOC and there’s no indication they knew the sale violated PAS’s security agreement, CCH takes the combine free of PAS’s security interest. PAS’s recourse would be against Farmer McGregor for breach of the security agreement, not against CCH.
Incorrect
The core issue here is the priority of security interests when collateral is transferred. Under Article 9 of the Uniform Commercial Code (UCC), as adopted in Illinois, a buyer of goods generally takes free of a security interest created by the seller if the buyer is a buyer in ordinary course of business (BIOC) and does not know that the sale is in violation of the security agreement. In this scenario, “Prairie Agricultural Supplies” (PAS) has a perfected security interest in all of Farmer McGregor’s farm equipment, including the combine harvester. Farmer McGregor, the debtor, sells the combine to “Cornfield Custom Harvesting LLC” (CCH). CCH is in the business of custom harvesting and purchased the combine for value, in good faith, and without knowledge that the sale to them was in violation of PAS’s security interest. Therefore, CCH is a BIOC. UCC § 9-320(a) provides that a buyer in ordinary course of business takes free of a security interest even if the security interest is perfected, unless the buyer also knows that the sale is in violation of some specific provisions of the security agreement. Since CCH meets the definition of a BIOC and there’s no indication they knew the sale violated PAS’s security agreement, CCH takes the combine free of PAS’s security interest. PAS’s recourse would be against Farmer McGregor for breach of the security agreement, not against CCH.
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Question 12 of 30
12. Question
Prairie Bank of Illinois perfected a security interest in all of AgriCorp’s present and future inventory, including all harvested crops. AgriCorp, a large agricultural producer operating solely within Illinois, then entered into a standard contract to sell 10,000 bushels of its current corn harvest to Heartland Grain, a business that regularly purchases grain for processing and distribution. Heartland Grain took possession of the corn from AgriCorp’s silos, paying the agreed-upon price in good faith and without knowledge of Prairie Bank’s security interest. What is the priority of Heartland Grain’s interest in the corn relative to Prairie Bank’s security interest?
Correct
The scenario involves a secured party, Prairie Bank, and a debtor, AgriCorp, in Illinois. Prairie Bank has a perfected security interest in AgriCorp’s inventory, which includes harvested corn. AgriCorp then enters into a contract with Heartland Grain, a buyer of agricultural products, to sell a portion of this corn. Heartland Grain takes possession of the corn. The question asks about the priority of Prairie Bank’s security interest against Heartland Grain. Under Illinois’ version of UCC Article 9, specifically concerning agricultural liens and buyers of farm products, a buyer in the ordinary course of business (BIOC) of farm products takes free of a security interest created by the seller, even if perfected, unless the buyer has knowledge of the security interest and it is perfected by a method other than possession. However, Section 9-320(a) of the UCC, as adopted in Illinois, states that a buyer in ordinary course of business takes free of a security interest created by the seller even if the security interest is perfected. This protection extends to buyers of farm products from a farmer. Heartland Grain, by purchasing corn in the ordinary course of its business from AgriCorp, which is implied to be a producer or processor of agricultural products, qualifies as a buyer in the ordinary course of business. Therefore, Heartland Grain takes the corn free of Prairie Bank’s security interest.
Incorrect
The scenario involves a secured party, Prairie Bank, and a debtor, AgriCorp, in Illinois. Prairie Bank has a perfected security interest in AgriCorp’s inventory, which includes harvested corn. AgriCorp then enters into a contract with Heartland Grain, a buyer of agricultural products, to sell a portion of this corn. Heartland Grain takes possession of the corn. The question asks about the priority of Prairie Bank’s security interest against Heartland Grain. Under Illinois’ version of UCC Article 9, specifically concerning agricultural liens and buyers of farm products, a buyer in the ordinary course of business (BIOC) of farm products takes free of a security interest created by the seller, even if perfected, unless the buyer has knowledge of the security interest and it is perfected by a method other than possession. However, Section 9-320(a) of the UCC, as adopted in Illinois, states that a buyer in ordinary course of business takes free of a security interest created by the seller even if the security interest is perfected. This protection extends to buyers of farm products from a farmer. Heartland Grain, by purchasing corn in the ordinary course of its business from AgriCorp, which is implied to be a producer or processor of agricultural products, qualifies as a buyer in the ordinary course of business. Therefore, Heartland Grain takes the corn free of Prairie Bank’s security interest.
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Question 13 of 30
13. Question
Aurora Corp., an Illinois-based manufacturer, entered into a loan agreement with Prairie Bank. As collateral for the loan, Aurora Corp. granted Prairie Bank a security interest in its specialized manufacturing equipment. Prairie Bank took physical possession of the equipment on January 15th, 2023. Aurora Corp. subsequently filed a voluntary petition for bankruptcy in the United States Bankruptcy Court for the Northern District of Illinois on March 1st, 2023. The bankruptcy trustee, appointed to administer Aurora Corp.’s assets, asserts a claim to the manufacturing equipment. What is the status of Prairie Bank’s security interest in the manufacturing equipment against the bankruptcy trustee in Illinois?
Correct
The question revolves around the concept of attachment and perfection of a security interest in Illinois under Article 9 of the Uniform Commercial Code. For a security interest to be enforceable against third parties, it must first attach to the collateral. Attachment occurs when the secured party gives value, the debtor has rights in the collateral, and there is a security agreement authenticated by the debtor that describes the collateral. Perfection, on the other hand, is the process by which a secured party establishes priority over other claimants to the collateral. In Illinois, as in most states, perfection of a security interest in goods, other than inventory or equipment used in farming operations, is typically achieved by filing a financing statement. However, possession of the collateral by the secured party can also serve as a method of perfection for certain types of collateral, including goods. In the scenario presented, Aurora Corp. granted a security interest in its specialized manufacturing equipment to Prairie Bank. Prairie Bank took possession of the equipment on January 15th. Aurora Corp. later filed for bankruptcy on March 1st. A bankruptcy trustee, acting as a hypothetical lien creditor, has the rights of a creditor who obtains a lien on the collateral by legal or equitable process. Under Illinois law, a security interest is perfected when it has attached and all applicable perfection requirements have been satisfied. Possession of collateral by the secured party is a method of perfection. Therefore, Prairie Bank’s security interest in the manufacturing equipment became perfected on January 15th when it took possession. The bankruptcy filing on March 1st does not affect the perfection status achieved prior to the filing. Since the security interest was perfected before the bankruptcy petition date, the trustee’s rights as a hypothetical lien creditor are subordinate to Prairie Bank’s perfected security interest. Thus, Prairie Bank has priority over the bankruptcy trustee regarding the manufacturing equipment.
Incorrect
The question revolves around the concept of attachment and perfection of a security interest in Illinois under Article 9 of the Uniform Commercial Code. For a security interest to be enforceable against third parties, it must first attach to the collateral. Attachment occurs when the secured party gives value, the debtor has rights in the collateral, and there is a security agreement authenticated by the debtor that describes the collateral. Perfection, on the other hand, is the process by which a secured party establishes priority over other claimants to the collateral. In Illinois, as in most states, perfection of a security interest in goods, other than inventory or equipment used in farming operations, is typically achieved by filing a financing statement. However, possession of the collateral by the secured party can also serve as a method of perfection for certain types of collateral, including goods. In the scenario presented, Aurora Corp. granted a security interest in its specialized manufacturing equipment to Prairie Bank. Prairie Bank took possession of the equipment on January 15th. Aurora Corp. later filed for bankruptcy on March 1st. A bankruptcy trustee, acting as a hypothetical lien creditor, has the rights of a creditor who obtains a lien on the collateral by legal or equitable process. Under Illinois law, a security interest is perfected when it has attached and all applicable perfection requirements have been satisfied. Possession of collateral by the secured party is a method of perfection. Therefore, Prairie Bank’s security interest in the manufacturing equipment became perfected on January 15th when it took possession. The bankruptcy filing on March 1st does not affect the perfection status achieved prior to the filing. Since the security interest was perfected before the bankruptcy petition date, the trustee’s rights as a hypothetical lien creditor are subordinate to Prairie Bank’s perfected security interest. Thus, Prairie Bank has priority over the bankruptcy trustee regarding the manufacturing equipment.
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Question 14 of 30
14. Question
Aurora Bank extended a substantial loan to Prairie Manufacturing, Inc., a corporation operating exclusively within Illinois. As collateral for this loan, Prairie Manufacturing granted Aurora Bank a security interest in all of its assets, including its significant deposit accounts held at Zenith Bank. Aurora Bank diligently filed a UCC-1 financing statement with the Illinois Secretary of State. Subsequently, Prairie Manufacturing obtained a separate line of credit from Sterling Credit Union, also secured by its deposit accounts at Zenith Bank. Sterling Credit Union, however, took the additional step of entering into a formal control agreement with Zenith Bank, which explicitly granted Sterling Credit Union control over the specified deposit accounts. Shortly thereafter, Prairie Manufacturing filed for bankruptcy protection in the United States Bankruptcy Court for the Northern District of Illinois. The bankruptcy trustee, acting under the powers granted by the Bankruptcy Code, seeks to determine the priority of claims against the deposit accounts. Which of the following accurately describes the status of Aurora Bank’s and Sterling Credit Union’s security interests in the deposit accounts?
Correct
The core issue in this scenario revolves around the perfection of a security interest in deposit accounts under Article 9 of the Uniform Commercial Code, as adopted in Illinois. Under UCC § 9-312(b) and § 9-104, the exclusive method for a secured party to obtain control over a deposit account as collateral is by becoming the “bank’s customer” with respect to the deposit account, or by entering into a control agreement with the bank. A security interest in a deposit account can only be perfected by control. Filing a financing statement is generally insufficient for perfection of a security interest in a deposit account. Therefore, when Aurora Bank filed a financing statement but did not obtain control over the deposit account held at Zenith Bank, its security interest in the account remained unperfected. Consequently, when the debtor filed for bankruptcy, the trustee, as a hypothetical lien creditor under Bankruptcy Code § 544, could avoid Aurora Bank’s unperfected security interest. The security interest held by Sterling Credit Union, which did obtain control of the deposit account through a control agreement with Zenith Bank, is perfected. In a bankruptcy proceeding, perfected security interests are generally given priority over unperfected ones. Thus, Sterling Credit Union’s perfected security interest would take precedence over Aurora Bank’s unperfected interest in the deposit account.
Incorrect
The core issue in this scenario revolves around the perfection of a security interest in deposit accounts under Article 9 of the Uniform Commercial Code, as adopted in Illinois. Under UCC § 9-312(b) and § 9-104, the exclusive method for a secured party to obtain control over a deposit account as collateral is by becoming the “bank’s customer” with respect to the deposit account, or by entering into a control agreement with the bank. A security interest in a deposit account can only be perfected by control. Filing a financing statement is generally insufficient for perfection of a security interest in a deposit account. Therefore, when Aurora Bank filed a financing statement but did not obtain control over the deposit account held at Zenith Bank, its security interest in the account remained unperfected. Consequently, when the debtor filed for bankruptcy, the trustee, as a hypothetical lien creditor under Bankruptcy Code § 544, could avoid Aurora Bank’s unperfected security interest. The security interest held by Sterling Credit Union, which did obtain control of the deposit account through a control agreement with Zenith Bank, is perfected. In a bankruptcy proceeding, perfected security interests are generally given priority over unperfected ones. Thus, Sterling Credit Union’s perfected security interest would take precedence over Aurora Bank’s unperfected interest in the deposit account.
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Question 15 of 30
15. Question
Crimson Corp, a manufacturing firm based in Illinois, secured a significant line of credit from Aurora Bank, granting Aurora Bank a security interest in all of Crimson Corp’s present and after-acquired accounts. Aurora Bank promptly filed a UCC-1 financing statement in Illinois covering these accounts. Later, Crimson Corp, facing a short-term cash flow issue, assigned a single, specific account receivable, totaling $15,000, to Meridian, a supplier, in partial payment for goods previously delivered. This assignment was not accompanied by any notification to Meridian regarding Aurora Bank’s prior security interest or the filing of a financing statement. Which party holds priority over the $15,000 account receivable?
Correct
The core issue here revolves around the perfection of a security interest in accounts. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a secured party generally perfects a security interest in accounts by filing a financing statement. However, there is an exception for certain “assigments of accounts” where no filing is required if the assignment does not, by itself, constitute a “significant disposition of the assignor’s accounts” and the assignee receives notification of the assignment. This exception is often interpreted to cover situations where the assignment is merely incidental to a larger transaction or where the assignee is not primarily in the business of purchasing accounts. In this scenario, Aurora Bank’s security interest in all of Crimson Corp’s existing and future accounts was granted to secure a substantial loan. Crimson Corp’s subsequent assignment of a single, isolated account to a supplier, Meridian, for a relatively small amount, without any notification to Meridian of Aurora Bank’s prior perfected security interest, likely falls outside the scope of the filing exception. The assignment to Meridian, while an assignment of an account, is not a significant disposition of Crimson Corp’s overall accounts, and the lack of notification to Meridian is a key factor. However, the critical element is Aurora Bank’s prior perfected security interest. When Crimson Corp assigns an account that is already collateral for Aurora Bank’s loan, Meridian takes the account subject to Aurora Bank’s prior perfected security interest. Aurora Bank’s security interest in the account remains perfected because it was perfected by filing prior to Crimson Corp’s assignment to Meridian. Therefore, Aurora Bank has priority.
Incorrect
The core issue here revolves around the perfection of a security interest in accounts. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a secured party generally perfects a security interest in accounts by filing a financing statement. However, there is an exception for certain “assigments of accounts” where no filing is required if the assignment does not, by itself, constitute a “significant disposition of the assignor’s accounts” and the assignee receives notification of the assignment. This exception is often interpreted to cover situations where the assignment is merely incidental to a larger transaction or where the assignee is not primarily in the business of purchasing accounts. In this scenario, Aurora Bank’s security interest in all of Crimson Corp’s existing and future accounts was granted to secure a substantial loan. Crimson Corp’s subsequent assignment of a single, isolated account to a supplier, Meridian, for a relatively small amount, without any notification to Meridian of Aurora Bank’s prior perfected security interest, likely falls outside the scope of the filing exception. The assignment to Meridian, while an assignment of an account, is not a significant disposition of Crimson Corp’s overall accounts, and the lack of notification to Meridian is a key factor. However, the critical element is Aurora Bank’s prior perfected security interest. When Crimson Corp assigns an account that is already collateral for Aurora Bank’s loan, Meridian takes the account subject to Aurora Bank’s prior perfected security interest. Aurora Bank’s security interest in the account remains perfected because it was perfected by filing prior to Crimson Corp’s assignment to Meridian. Therefore, Aurora Bank has priority.
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Question 16 of 30
16. Question
Prairie State Bank, a commercial lender in Illinois, extended a significant loan to “Precision Parts Manufacturing Inc.” secured by a mortgage on its factory premises, including all existing and after-acquired fixtures. Prairie State Bank properly recorded its mortgage on February 1, 2023. On January 15, 2023, “Precision Parts Manufacturing Inc.” purchased new, specialized industrial milling machinery on an installment contract with Aurora Bank. Aurora Bank retained a purchase-money security interest in the machinery and properly filed a UCC-1 financing statement covering the machinery as fixtures on January 20, 2023. The machinery was immediately installed in the factory and became affixed to the real property. “Precision Parts Manufacturing Inc.” subsequently defaulted on both its obligations. What is the priority of Aurora Bank’s security interest in the milling machinery relative to Prairie State Bank’s mortgage on the real property under Illinois law?
Correct
In Illinois, when a secured party has a security interest in goods that become affixed to real property so as to become a fixture, the secured party’s rights are governed by Article 9 of the Uniform Commercial Code, specifically concerning fixtures. Under UCC § 9-334, a perfected security interest in fixtures is generally subordinate to the conflicting interest of an encumbrancer or owner of the real property that has perfected its interest in the real property, unless certain exceptions apply. One significant exception is found in UCC § 9-334(d), which states that a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the security interest in the fixtures is perfected before the real property interest is perfected. Another exception, relevant here, is UCC § 9-334(e), which provides that a secured party may, on default, repossess the collateral, including fixtures, provided that the secured party reimburses any encumbrancer or owner of the real property who has not authorized the debtor to encumber the real property for any diminution in value of the real property caused by the removal of the fixtures. The reimbursement amount is limited to the outstanding obligation secured by the real property at the time of removal. In this scenario, Aurora Bank perfected its security interest in the industrial milling machinery (fixtures) on January 15, 2023. Prairie State Bank, holding a mortgage on the real property, perfected its interest on February 1, 2023. Since Aurora Bank’s perfection predates Prairie State Bank’s mortgage perfection, Aurora Bank’s security interest in the fixtures has priority. Therefore, upon debtor’s default, Aurora Bank can repossess the machinery without reimbursing Prairie State Bank for any diminution in the real property’s value.
Incorrect
In Illinois, when a secured party has a security interest in goods that become affixed to real property so as to become a fixture, the secured party’s rights are governed by Article 9 of the Uniform Commercial Code, specifically concerning fixtures. Under UCC § 9-334, a perfected security interest in fixtures is generally subordinate to the conflicting interest of an encumbrancer or owner of the real property that has perfected its interest in the real property, unless certain exceptions apply. One significant exception is found in UCC § 9-334(d), which states that a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the security interest in the fixtures is perfected before the real property interest is perfected. Another exception, relevant here, is UCC § 9-334(e), which provides that a secured party may, on default, repossess the collateral, including fixtures, provided that the secured party reimburses any encumbrancer or owner of the real property who has not authorized the debtor to encumber the real property for any diminution in value of the real property caused by the removal of the fixtures. The reimbursement amount is limited to the outstanding obligation secured by the real property at the time of removal. In this scenario, Aurora Bank perfected its security interest in the industrial milling machinery (fixtures) on January 15, 2023. Prairie State Bank, holding a mortgage on the real property, perfected its interest on February 1, 2023. Since Aurora Bank’s perfection predates Prairie State Bank’s mortgage perfection, Aurora Bank’s security interest in the fixtures has priority. Therefore, upon debtor’s default, Aurora Bank can repossess the machinery without reimbursing Prairie State Bank for any diminution in the real property’s value.
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Question 17 of 30
17. Question
Prairie Capital, an Illinois-based lender, extended a loan to Riverbend Construction, a general contractor operating primarily in Illinois. As collateral for the loan, Riverbend Construction granted Prairie Capital a security interest in its entire fleet of construction vehicles, including a specific bulldozer. Prairie Capital diligently filed a UCC-1 financing statement with the Illinois Secretary of State, properly identifying Riverbend Construction as the debtor and the bulldozer as collateral. Subsequently, Riverbend Construction sold the bulldozer to a third-party buyer, Ms. Evelyn Reed, who purchased the vehicle in the ordinary course of Riverbend Construction’s business and had no knowledge of Prairie Capital’s security interest. Which of the following statements accurately describes the status of Prairie Capital’s security interest in the bulldozer concerning Ms. Reed?
Correct
The scenario involves a secured party, Prairie Capital, attempting to perfect its security interest in a motor vehicle owned by a debtor, Riverbend Construction, located in Illinois. Article 9 of the Uniform Commercial Code, as adopted in Illinois, governs secured transactions. Perfection of a security interest in a motor vehicle typically requires notation on the certificate of ownership. In Illinois, this is governed by the Illinois Vehicle Code, which specifically addresses the perfection of security interests in motor vehicles. While filing a UCC-1 financing statement is the general method for perfecting security interests in personal property, motor vehicles are a statutory exception. The Illinois Vehicle Code mandates that a security interest in a vehicle subject to a certificate of title must be indicated on the certificate of title to be perfected. Therefore, Prairie Capital’s filing of a UCC-1 financing statement with the Illinois Secretary of State, while a valid step for other types of collateral, is insufficient for perfecting its security interest in the motor vehicle. The correct method for perfection in this instance is to have the security interest noted on the certificate of title issued by the Illinois Secretary of State. Consequently, Prairie Capital’s security interest is unperfected against a buyer in the ordinary course of business who takes possession of the vehicle without knowledge of the security interest.
Incorrect
The scenario involves a secured party, Prairie Capital, attempting to perfect its security interest in a motor vehicle owned by a debtor, Riverbend Construction, located in Illinois. Article 9 of the Uniform Commercial Code, as adopted in Illinois, governs secured transactions. Perfection of a security interest in a motor vehicle typically requires notation on the certificate of ownership. In Illinois, this is governed by the Illinois Vehicle Code, which specifically addresses the perfection of security interests in motor vehicles. While filing a UCC-1 financing statement is the general method for perfecting security interests in personal property, motor vehicles are a statutory exception. The Illinois Vehicle Code mandates that a security interest in a vehicle subject to a certificate of title must be indicated on the certificate of title to be perfected. Therefore, Prairie Capital’s filing of a UCC-1 financing statement with the Illinois Secretary of State, while a valid step for other types of collateral, is insufficient for perfecting its security interest in the motor vehicle. The correct method for perfection in this instance is to have the security interest noted on the certificate of title issued by the Illinois Secretary of State. Consequently, Prairie Capital’s security interest is unperfected against a buyer in the ordinary course of business who takes possession of the vehicle without knowledge of the security interest.
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Question 18 of 30
18. Question
A manufacturing firm in Illinois, “Prairie Steel Works,” secured a substantial loan from “Midwest Capital Corp.” to acquire specialized automated manufacturing equipment. As part of the loan agreement, Prairie Steel Works granted Midwest Capital Corp. a comprehensive security interest in all of its present and after-acquired personal property, explicitly including all deposit accounts. Midwest Capital Corp. promptly filed a UCC-1 financing statement with the Illinois Secretary of State, which accurately described the collateral as “all assets of Prairie Steel Works, including all deposit accounts.” However, Midwest Capital Corp. neglected to take any steps to establish control over Prairie Steel Works’ primary operating checking account held at “Prairie State Bank,” which was the account where all of the company’s daily revenue was deposited and from which most operational expenses were paid. Later, “Prairie State Bank,” after discovering Prairie Steel Works had defaulted on a separate, unsecured line of credit it maintained with the bank, placed a legal setoff against the funds in the operating checking account to satisfy the defaulted unsecured debt. Which party has the superior claim to the funds in Prairie Steel Works’ operating checking account?
Correct
Under Illinois’s Article 9 of the Uniform Commercial Code, when a secured party has a security interest in a deposit account, that security interest is generally perfected by control. Control over a deposit account is achieved when the secured party is the bank with which the deposit account is maintained, or when the debtor has agreed in writing that the bank will comply with the secured party’s instructions concerning the balance of the deposit account. This control provision is critical because it allows the secured party to access and apply the funds in the deposit account upon default. Illinois law, consistent with the UCC, emphasizes that perfection by control is the exclusive method for perfecting a security interest in a deposit account as collateral, other than in the case of deposit accounts that are part of a “special collateral” as defined in the UCC, or as proceeds of other collateral. Therefore, if a secured party fails to obtain control over a deposit account that serves as collateral, their security interest in that account remains unperfected, making it subordinate to the claims of lien creditors and other perfected secured parties. The scenario presented involves a secured party who financed the purchase of specialized industrial machinery for a manufacturing company located in Illinois. As part of the security agreement, the company granted the secured party a security interest in all of its assets, including its operating deposit accounts. The secured party filed a UCC-1 financing statement covering all assets. However, the secured party did not obtain control over the company’s primary operating deposit account, as defined by UCC § 9-104. Subsequently, another creditor obtained a judgment against the company and levied on the funds in the operating deposit account. In this situation, the judgment creditor’s lien on the deposit account would generally take priority over the unperfected security interest of the secured party. This is because perfection by control is the exclusive method for perfecting a security interest in deposit accounts under Illinois law, and filing a UCC-1 financing statement alone does not perfect a security interest in deposit accounts.
Incorrect
Under Illinois’s Article 9 of the Uniform Commercial Code, when a secured party has a security interest in a deposit account, that security interest is generally perfected by control. Control over a deposit account is achieved when the secured party is the bank with which the deposit account is maintained, or when the debtor has agreed in writing that the bank will comply with the secured party’s instructions concerning the balance of the deposit account. This control provision is critical because it allows the secured party to access and apply the funds in the deposit account upon default. Illinois law, consistent with the UCC, emphasizes that perfection by control is the exclusive method for perfecting a security interest in a deposit account as collateral, other than in the case of deposit accounts that are part of a “special collateral” as defined in the UCC, or as proceeds of other collateral. Therefore, if a secured party fails to obtain control over a deposit account that serves as collateral, their security interest in that account remains unperfected, making it subordinate to the claims of lien creditors and other perfected secured parties. The scenario presented involves a secured party who financed the purchase of specialized industrial machinery for a manufacturing company located in Illinois. As part of the security agreement, the company granted the secured party a security interest in all of its assets, including its operating deposit accounts. The secured party filed a UCC-1 financing statement covering all assets. However, the secured party did not obtain control over the company’s primary operating deposit account, as defined by UCC § 9-104. Subsequently, another creditor obtained a judgment against the company and levied on the funds in the operating deposit account. In this situation, the judgment creditor’s lien on the deposit account would generally take priority over the unperfected security interest of the secured party. This is because perfection by control is the exclusive method for perfecting a security interest in deposit accounts under Illinois law, and filing a UCC-1 financing statement alone does not perfect a security interest in deposit accounts.
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Question 19 of 30
19. Question
Aurora Corp. entered into a security agreement with Sterling Bank, granting Sterling Bank a security interest in Aurora Corp.’s general operating deposit account held at Sterling Bank to secure a substantial loan. The security agreement explicitly states that Sterling Bank has the right to direct the disposition of funds in the account. Sterling Bank also entered into a separate written control agreement with Aurora Corp. whereby Sterling Bank acknowledged that it would comply with any instructions originating from Sterling Bank regarding the deposit account. Sterling Bank did not file a financing statement. Later, a different creditor, Zenith Financial, obtained a judgment against Aurora Corp. and attempted to levy on the funds in the deposit account. Which party has the superior claim to the funds in the deposit account?
Correct
The core issue in this scenario revolves around the perfection of a security interest in a deposit account, which is a specific type of collateral governed by Article 9 of the Uniform Commercial Code, as adopted in Illinois. Under Illinois law, a security interest in a deposit account can only be perfected by control. Control is achieved when the secured party is the bank with which the deposit account is maintained, or when the secured party obtains the agreement of the bank with which the deposit account is maintained to comply with the secured party’s instructions concerning the account. Merely taking possession of the account statement or having a general lien on the depositor’s assets at that bank does not constitute control. In this case, Sterling Bank, by having the deposit account at its own institution and entering into a control agreement with Aurora Corp., has established control over the deposit account. This control is the exclusive method for perfecting a security interest in a deposit account under UCC Article 9, as interpreted by Illinois statutes and case law. Therefore, Sterling Bank’s security interest is perfected.
Incorrect
The core issue in this scenario revolves around the perfection of a security interest in a deposit account, which is a specific type of collateral governed by Article 9 of the Uniform Commercial Code, as adopted in Illinois. Under Illinois law, a security interest in a deposit account can only be perfected by control. Control is achieved when the secured party is the bank with which the deposit account is maintained, or when the secured party obtains the agreement of the bank with which the deposit account is maintained to comply with the secured party’s instructions concerning the account. Merely taking possession of the account statement or having a general lien on the depositor’s assets at that bank does not constitute control. In this case, Sterling Bank, by having the deposit account at its own institution and entering into a control agreement with Aurora Corp., has established control over the deposit account. This control is the exclusive method for perfecting a security interest in a deposit account under UCC Article 9, as interpreted by Illinois statutes and case law. Therefore, Sterling Bank’s security interest is perfected.
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Question 20 of 30
20. Question
Prairie State Lending extended a loan to a resident of Illinois, taking a security interest in a new automobile purchased by the borrower. The loan agreement and security agreement were properly executed. Prairie State Lending also filed a UCC-1 financing statement with the Illinois Secretary of State. Subsequently, the borrower sold the automobile to a buyer in the ordinary course of business. Which of the following actions by Prairie State Lending would have been the most effective method to perfect its security interest in the automobile under Illinois law, thereby protecting its interest against the subsequent buyer?
Correct
The question revolves around the perfection of a security interest in a motor vehicle titled in Illinois. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a security interest in a vehicle that requires a certificate of title to be effective is generally perfected by compliance with the state’s certificate of title law. Illinois Vehicle Code, specifically 625 ILCS 5/3-201, dictates that a security interest in a vehicle subject to titling requirements is perfected when the secured party delivers the required documents to the appropriate public official for notation on the certificate of title. This delivery and notation process supersedes the general filing requirements of UCC § 9-310. Therefore, if the lender, “Prairie State Lending,” properly delivered the security agreement and other necessary documentation to the Illinois Secretary of State’s office for notation on the vehicle’s certificate of title, its security interest is perfected against subsequent purchasers and lienholders. The filing of a UCC-1 financing statement with the Secretary of State, while standard for many types of collateral, is not the exclusive or primary method of perfecting a security interest in a titled vehicle in Illinois. Such a filing would be considered ineffective for perfection purposes in this context, as the certificate of title mechanism is controlling.
Incorrect
The question revolves around the perfection of a security interest in a motor vehicle titled in Illinois. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a security interest in a vehicle that requires a certificate of title to be effective is generally perfected by compliance with the state’s certificate of title law. Illinois Vehicle Code, specifically 625 ILCS 5/3-201, dictates that a security interest in a vehicle subject to titling requirements is perfected when the secured party delivers the required documents to the appropriate public official for notation on the certificate of title. This delivery and notation process supersedes the general filing requirements of UCC § 9-310. Therefore, if the lender, “Prairie State Lending,” properly delivered the security agreement and other necessary documentation to the Illinois Secretary of State’s office for notation on the vehicle’s certificate of title, its security interest is perfected against subsequent purchasers and lienholders. The filing of a UCC-1 financing statement with the Secretary of State, while standard for many types of collateral, is not the exclusive or primary method of perfecting a security interest in a titled vehicle in Illinois. Such a filing would be considered ineffective for perfection purposes in this context, as the certificate of title mechanism is controlling.
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Question 21 of 30
21. Question
Aurora Bank extended a loan to Prairie Manufacturing, Inc. to finance the purchase of new machinery. As collateral, Prairie Manufacturing granted Aurora Bank a security interest in its primary operating deposit account held at Aurora Bank itself. Prairie Manufacturing also granted a second, subordinate security interest in the same deposit account to Heartland Credit Union, which properly filed a UCC-1 financing statement with the Illinois Secretary of State. What is the perfection status of Aurora Bank’s security interest in the deposit account?
Correct
The question concerns the perfection of a security interest in a deposit account under Illinois’ Article 9 of the Uniform Commercial Code. Under UCC § 9-312(b), a security interest in a deposit account as original collateral can only be perfected by control. Control is defined in UCC § 9-104. For a deposit account, control is achieved if the secured party is the bank with which the deposit account is maintained, or if the secured party obtains the bank’s agreement to comply with instructions from the secured party regarding the deposit account. In this scenario, Aurora Bank holds a perfected security interest in the deposit account because it is the bank with which the deposit account is maintained, thus satisfying the control requirement under UCC § 9-104(a)(1). The filing of a financing statement is not sufficient for perfection of a security interest in a deposit account as original collateral, as per UCC § 9-312(b)(1). Therefore, Aurora Bank’s security interest is perfected.
Incorrect
The question concerns the perfection of a security interest in a deposit account under Illinois’ Article 9 of the Uniform Commercial Code. Under UCC § 9-312(b), a security interest in a deposit account as original collateral can only be perfected by control. Control is defined in UCC § 9-104. For a deposit account, control is achieved if the secured party is the bank with which the deposit account is maintained, or if the secured party obtains the bank’s agreement to comply with instructions from the secured party regarding the deposit account. In this scenario, Aurora Bank holds a perfected security interest in the deposit account because it is the bank with which the deposit account is maintained, thus satisfying the control requirement under UCC § 9-104(a)(1). The filing of a financing statement is not sufficient for perfection of a security interest in a deposit account as original collateral, as per UCC § 9-312(b)(1). Therefore, Aurora Bank’s security interest is perfected.
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Question 22 of 30
22. Question
Farmstead Equipment LLC, a dealer of agricultural machinery, grants Agri-Finance Corp. a broad security interest in all of its existing and after-acquired inventory, which Agri-Finance Corp. promptly perfects by filing a UCC-1 financing statement in Illinois. Subsequently, Harvest Capital Bank provides financing to Farmstead Equipment LLC for the purchase of specific new inventory, taking a purchase money security interest in that new inventory. Harvest Capital Bank correctly files a UCC-1 financing statement to perfect its security interest. However, Harvest Capital Bank sends the required authenticated notification to Agri-Finance Corp. regarding its expected PMSI in inventory *after* Farmstead Equipment LLC had already taken possession of the new inventory. If Farmstead Equipment LLC defaults on its obligations to both lenders, and Agri-Finance Corp. seeks to repossess the newly acquired inventory, what is the likely outcome regarding the priority of the security interests in that specific inventory?
Correct
The scenario involves a purchase money security interest (PMSI) in inventory. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a PMSI in inventory requires specific steps to achieve priority over other secured parties, particularly those with a prior perfected security interest in the same collateral. The general rule for PMSI priority in inventory is that the PMSI holder must satisfy two conditions: (1) the PMSI must be perfected by filing a financing statement, and (2) the PMSI holder must give an authenticated notification to any other secured party who has a prior perfected security interest in the same inventory. This notification must be sent before the debtor receives possession of the inventory, and it must state that the PMSI holder expects to acquire a PMSI in inventory of the debtor, including after-acquired inventory. In this case, “Agri-Finance Corp.” has a prior perfected security interest in “Farmstead Equipment LLC’s” entire inventory, including after-acquired inventory. “Harvest Capital Bank” then acquires a PMSI in new inventory sold to Farmstead Equipment LLC. To maintain priority over Agri-Finance Corp.’s earlier, broader security interest, Harvest Capital Bank must perfect its PMSI and provide the required notification. Filing a financing statement is a method of perfection. The notification requirement is crucial for PMSI priority in inventory. The notification must be sent to Agri-Finance Corp. before Farmstead Equipment LLC receives possession of the inventory. The prompt states Harvest Capital Bank filed its financing statement and sent notification to Agri-Finance Corp. *after* Farmstead Equipment LLC received the inventory. This timing is critical. Because the notification was sent after the debtor received possession of the inventory, Harvest Capital Bank’s PMSI in that inventory will not have priority over Agri-Finance Corp.’s prior perfected security interest. Agri-Finance Corp. will retain its priority. Therefore, if Agri-Finance Corp. were to repossess the inventory, it would have priority over Harvest Capital Bank’s security interest in that specific inventory.
Incorrect
The scenario involves a purchase money security interest (PMSI) in inventory. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a PMSI in inventory requires specific steps to achieve priority over other secured parties, particularly those with a prior perfected security interest in the same collateral. The general rule for PMSI priority in inventory is that the PMSI holder must satisfy two conditions: (1) the PMSI must be perfected by filing a financing statement, and (2) the PMSI holder must give an authenticated notification to any other secured party who has a prior perfected security interest in the same inventory. This notification must be sent before the debtor receives possession of the inventory, and it must state that the PMSI holder expects to acquire a PMSI in inventory of the debtor, including after-acquired inventory. In this case, “Agri-Finance Corp.” has a prior perfected security interest in “Farmstead Equipment LLC’s” entire inventory, including after-acquired inventory. “Harvest Capital Bank” then acquires a PMSI in new inventory sold to Farmstead Equipment LLC. To maintain priority over Agri-Finance Corp.’s earlier, broader security interest, Harvest Capital Bank must perfect its PMSI and provide the required notification. Filing a financing statement is a method of perfection. The notification requirement is crucial for PMSI priority in inventory. The notification must be sent to Agri-Finance Corp. before Farmstead Equipment LLC receives possession of the inventory. The prompt states Harvest Capital Bank filed its financing statement and sent notification to Agri-Finance Corp. *after* Farmstead Equipment LLC received the inventory. This timing is critical. Because the notification was sent after the debtor received possession of the inventory, Harvest Capital Bank’s PMSI in that inventory will not have priority over Agri-Finance Corp.’s prior perfected security interest. Agri-Finance Corp. will retain its priority. Therefore, if Agri-Finance Corp. were to repossess the inventory, it would have priority over Harvest Capital Bank’s security interest in that specific inventory.
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Question 23 of 30
23. Question
Consider a scenario in Illinois where a lender, “Prairie Capital,” finances the acquisition of specialized industrial machinery for “Midwest Manufacturing Inc.” This machinery is designed to be permanently affixed to the real property owned by Midwest Manufacturing. Prairie Capital properly files a UCC-1 financing statement covering the machinery in the Illinois Secretary of State’s office but does not file a fixture filing in the county recorder’s office where the real property is located. Subsequently, “Landmark Properties LLC,” a real estate developer, purchases the real property from Midwest Manufacturing for value and without knowledge of Prairie Capital’s security interest. Which of the following best describes the perfection status of Prairie Capital’s security interest in the machinery relative to Landmark Properties LLC?
Correct
In Illinois, when a secured party has a security interest in goods that become affixed to real property, the security interest is typically governed by Article 9 of the Uniform Commercial Code, specifically the rules concerning fixtures. A security interest in fixtures is perfected by filing a fixture filing in the real property records, which is generally in the office where a mortgage on the real property would be recorded. This filing must identify the collateral as fixtures and include a description of the real property. The filing must also satisfy the requirements for perfection of a security interest in personal property, such as proper identification of the debtor and secured party, and a description of the collateral. If the secured party fails to make a proper fixture filing, their security interest may be subordinate to subsequent purchasers of the real property for value without notice of the security interest. The UCC provides for a “grace period” for a purchase-money security interest in fixtures, allowing for perfection within twenty days after the collateral becomes a fixture. However, the question specifies that the filing occurred after the collateral became affixed to the real property and does not mention a purchase-money security interest or the twenty-day grace period. Therefore, a standard fixture filing in the appropriate real property records is required for perfection against subsequent purchasers of the real property.
Incorrect
In Illinois, when a secured party has a security interest in goods that become affixed to real property, the security interest is typically governed by Article 9 of the Uniform Commercial Code, specifically the rules concerning fixtures. A security interest in fixtures is perfected by filing a fixture filing in the real property records, which is generally in the office where a mortgage on the real property would be recorded. This filing must identify the collateral as fixtures and include a description of the real property. The filing must also satisfy the requirements for perfection of a security interest in personal property, such as proper identification of the debtor and secured party, and a description of the collateral. If the secured party fails to make a proper fixture filing, their security interest may be subordinate to subsequent purchasers of the real property for value without notice of the security interest. The UCC provides for a “grace period” for a purchase-money security interest in fixtures, allowing for perfection within twenty days after the collateral becomes a fixture. However, the question specifies that the filing occurred after the collateral became affixed to the real property and does not mention a purchase-money security interest or the twenty-day grace period. Therefore, a standard fixture filing in the appropriate real property records is required for perfection against subsequent purchasers of the real property.
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Question 24 of 30
24. Question
Prairie Goods Inc., an Illinois-registered corporation, entered into a security agreement with First National Bank of Chicago, granting the bank a security interest in all of its accounts, including those arising from sales to customers located in Indiana. First National Bank of Chicago filed a UCC-1 financing statement with the Indiana Secretary of State. What is the status of First National Bank of Chicago’s security interest in Prairie Goods Inc.’s accounts, assuming no other filings or possessory control were established?
Correct
The core issue here revolves around the perfection of a security interest in accounts that arise from the sale of goods by a seller who is located in Illinois, but the buyer is located in Indiana. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois (810 ILCS 5/9-301 et seq.), the general rule for perfection of a security interest in accounts is that perfection is achieved by filing a financing statement in the jurisdiction where the debtor is located. For a registered organization, like a corporation, its location is determined by the law of the state under which it is organized. In this scenario, the debtor, “Prairie Goods Inc.,” is organized under the laws of Illinois. Therefore, to perfect its security interest in the accounts generated from its sales, Prairie Goods Inc. must file its financing statement in Illinois. The location of the collateral (the accounts) or the location of the buyer (Indiana) is generally not determinative for perfection of accounts, unlike certain other types of collateral. The security interest is in the accounts, which are intangible rights to payment. The UCC’s choice of law rules for accounts (810 ILCS 5/9-301) prioritize the debtor’s location for perfection. Filing in Indiana would be incorrect for perfecting a security interest in accounts where the debtor is located in Illinois.
Incorrect
The core issue here revolves around the perfection of a security interest in accounts that arise from the sale of goods by a seller who is located in Illinois, but the buyer is located in Indiana. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois (810 ILCS 5/9-301 et seq.), the general rule for perfection of a security interest in accounts is that perfection is achieved by filing a financing statement in the jurisdiction where the debtor is located. For a registered organization, like a corporation, its location is determined by the law of the state under which it is organized. In this scenario, the debtor, “Prairie Goods Inc.,” is organized under the laws of Illinois. Therefore, to perfect its security interest in the accounts generated from its sales, Prairie Goods Inc. must file its financing statement in Illinois. The location of the collateral (the accounts) or the location of the buyer (Indiana) is generally not determinative for perfection of accounts, unlike certain other types of collateral. The security interest is in the accounts, which are intangible rights to payment. The UCC’s choice of law rules for accounts (810 ILCS 5/9-301) prioritize the debtor’s location for perfection. Filing in Indiana would be incorrect for perfecting a security interest in accounts where the debtor is located in Illinois.
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Question 25 of 30
25. Question
Prairie Farms LLC, an agricultural cooperative in Illinois, has a comprehensive security agreement with First National Bank of Illinois (FNBI), which has a perfected security interest in all of Prairie Farms LLC’s present and after-acquired inventory. AgriSupplies Inc., a fertilizer supplier, sells a new shipment of specialized fertilizer to Prairie Farms LLC on credit, taking a purchase money security interest (PMSI) in that specific fertilizer. Prairie Farms LLC receives possession of the fertilizer. AgriSupplies Inc. files a financing statement covering the fertilizer two days after Prairie Farms LLC received possession. What is the priority of AgriSupplies Inc.’s security interest in the fertilizer relative to FNBI’s security interest?
Correct
The scenario involves a security interest in inventory that is subject to a purchase money security interest (PMSI) held by a supplier, “AgriSupplies Inc.” The debtor, “Prairie Farms LLC,” has granted a prior, perfected security interest to “First National Bank of Illinois” (FNBI) in all of its present and after-acquired inventory. AgriSupplies Inc. subsequently sells additional fertilizer to Prairie Farms LLC on credit, retaining a PMSI in that specific fertilizer. For AgriSupplies to have priority over FNBI’s prior perfected security interest in the same collateral (the fertilizer), it must satisfy the requirements of a PMSI in inventory under Illinois’ Article 9. This requires AgriSupplies to have perfected its security interest. Perfection for inventory typically involves filing a financing statement. Crucially, for a PMSI in inventory, the secured party (AgriSupplies) must also give notice to any other secured party who has previously filed a financing statement covering the same goods. This notice must be sent before the debtor receives possession of the inventory. The notice must state that the supplier expects to retain a security interest in the goods, describe the goods, and specify the amount of goods. Since AgriSupplies’ security interest is in inventory, and FNBI has a prior perfected security interest in all of Prairie Farms LLC’s inventory, AgriSupplies must file a financing statement and provide the required notification to FNBI before Prairie Farms LLC receives possession of the fertilizer to maintain its PMSI priority. Without this notification to FNBI, AgriSupplies’ PMSI would be subordinate to FNBI’s earlier perfected security interest. Therefore, AgriSupplies’ failure to notify FNBI before Prairie Farms LLC received the fertilizer means its security interest in that fertilizer is subordinate to FNBI’s.
Incorrect
The scenario involves a security interest in inventory that is subject to a purchase money security interest (PMSI) held by a supplier, “AgriSupplies Inc.” The debtor, “Prairie Farms LLC,” has granted a prior, perfected security interest to “First National Bank of Illinois” (FNBI) in all of its present and after-acquired inventory. AgriSupplies Inc. subsequently sells additional fertilizer to Prairie Farms LLC on credit, retaining a PMSI in that specific fertilizer. For AgriSupplies to have priority over FNBI’s prior perfected security interest in the same collateral (the fertilizer), it must satisfy the requirements of a PMSI in inventory under Illinois’ Article 9. This requires AgriSupplies to have perfected its security interest. Perfection for inventory typically involves filing a financing statement. Crucially, for a PMSI in inventory, the secured party (AgriSupplies) must also give notice to any other secured party who has previously filed a financing statement covering the same goods. This notice must be sent before the debtor receives possession of the inventory. The notice must state that the supplier expects to retain a security interest in the goods, describe the goods, and specify the amount of goods. Since AgriSupplies’ security interest is in inventory, and FNBI has a prior perfected security interest in all of Prairie Farms LLC’s inventory, AgriSupplies must file a financing statement and provide the required notification to FNBI before Prairie Farms LLC receives possession of the fertilizer to maintain its PMSI priority. Without this notification to FNBI, AgriSupplies’ PMSI would be subordinate to FNBI’s earlier perfected security interest. Therefore, AgriSupplies’ failure to notify FNBI before Prairie Farms LLC received the fertilizer means its security interest in that fertilizer is subordinate to FNBI’s.
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Question 26 of 30
26. Question
Prairie State Bank holds a properly perfected security interest in all present and future inventory of Prairie Goods LLC, an Illinois-based retailer. Subsequently, Heartland Distributors, also operating in Illinois, supplies a new line of merchandise to Prairie Goods LLC under a purchase money security agreement covering this specific inventory. Heartland Distributors files a UCC-1 financing statement covering this inventory. Prairie Goods LLC receives possession of the new merchandise. Which of the following statements accurately reflects the priority of the security interests in the inventory supplied by Heartland Distributors, assuming Prairie State Bank’s security interest in after-acquired inventory was perfected prior to Heartland Distributors supplying the inventory and Heartland Distributors did not provide any prior notification to Prairie State Bank regarding its purchase money security interest?
Correct
The scenario involves a secured party, Prairie State Bank, that has a perfected security interest in all of the inventory of a debtor, Prairie Goods LLC, located in Illinois. The security agreement covers “all present and future inventory, accounts, and general intangibles.” Prairie Goods then enters into a transaction with a third party, Heartland Distributors, which supplies additional inventory to Prairie Goods. Heartland Distributors files a UCC-1 financing statement in Illinois covering the same inventory that Prairie Goods is selling. The core issue is the priority between Prairie State Bank and Heartland Distributors regarding the newly supplied inventory. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois (810 ILCS 5/9-101 et seq.), the general rule for priority among competing security interests in the same collateral is based on the first to file or first to perfect rule (810 ILCS 5/9-322(a)(1)). However, there are specific rules for inventory. A buyer in the ordinary course of business (BIOC) takes free of a security interest created by its seller even if the security interest is perfected (810 ILCS 5/9-320(a)). Here, Prairie Goods is selling inventory, and Heartland Distributors is supplying inventory. The question is about the priority of the security interests in the inventory itself, not about a buyer of the inventory. Prairie State Bank has a security interest in all of Prairie Goods’ inventory, both present and future. Heartland Distributors also has a security interest in the inventory it supplies. For Heartland Distributors to have priority over Prairie State Bank’s earlier perfected security interest in future inventory, it would typically need to rely on a purchase-money security interest (PMSI) in inventory and follow specific notification rules. A PMSI in inventory generally has priority over a conflicting security interest in the same inventory if the PMSI is perfected when the debtor receives possession of the inventory and the secured party gives an appropriate notification to any other secured party whose security interest covers the inventory (810 ILCS 5/9-324(b)). In this case, Heartland Distributors is supplying inventory. If Heartland has a PMSI in the inventory it supplied and properly perfects it and notifies Prairie State Bank of its PMSI *before* Prairie Goods receives possession of the inventory, then Heartland’s PMSI would have priority over Prairie State Bank’s security interest in that specific inventory. However, the question states that Heartland files its financing statement *after* Prairie State Bank already has a perfected security interest in all present and future inventory. Crucially, for a PMSI in inventory to gain priority over a prior perfected security interest in after-acquired inventory, the PMSI holder must give notice to the prior secured party *before* the debtor receives possession of the inventory. If Heartland Distributors did not provide such notice to Prairie State Bank prior to Prairie Goods receiving the inventory, its PMSI, even if perfected, would not have priority over Prairie State Bank’s earlier perfected security interest in after-acquired inventory. Therefore, assuming Prairie State Bank’s security interest was properly perfected and covered after-acquired inventory, and Heartland Distributors did not provide the required pre-possession notice for its PMSI in inventory, Prairie State Bank’s security interest would have priority over Heartland Distributors’ security interest in the inventory supplied by Heartland. The general rule of first-in-time, first-in-right applies to the perfection of security interests in after-acquired property unless a specific statutory exception like the PMSI in inventory rules applies and is strictly followed. Without evidence that Heartland met the notification requirements for a PMSI in inventory, the earlier perfected security interest of Prairie State Bank prevails. The calculation, in this context, is not numerical but conceptual: 1. Identify the collateral: Inventory. 2. Identify the secured parties: Prairie State Bank and Heartland Distributors. 3. Determine the nature of their security interests: Prairie State Bank has a blanket security interest covering present and future inventory. Heartland Distributors has a security interest in inventory it supplies. 4. Apply the general priority rule: First to file or perfect (810 ILCS 5/9-322(a)(1)). Prairie State Bank perfected first. 5. Consider PMSI in inventory exception (810 ILCS 5/9-324(b)). This requires perfection and notice *before* debtor receives possession. 6. Evaluate if Heartland met the PMSI notice requirement: The facts do not state that Heartland provided the required notice *before* Prairie Goods received possession. 7. Conclusion: Absent proper PMSI notification, the earlier perfected security interest of Prairie State Bank has priority. Therefore, Prairie State Bank has priority.
Incorrect
The scenario involves a secured party, Prairie State Bank, that has a perfected security interest in all of the inventory of a debtor, Prairie Goods LLC, located in Illinois. The security agreement covers “all present and future inventory, accounts, and general intangibles.” Prairie Goods then enters into a transaction with a third party, Heartland Distributors, which supplies additional inventory to Prairie Goods. Heartland Distributors files a UCC-1 financing statement in Illinois covering the same inventory that Prairie Goods is selling. The core issue is the priority between Prairie State Bank and Heartland Distributors regarding the newly supplied inventory. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois (810 ILCS 5/9-101 et seq.), the general rule for priority among competing security interests in the same collateral is based on the first to file or first to perfect rule (810 ILCS 5/9-322(a)(1)). However, there are specific rules for inventory. A buyer in the ordinary course of business (BIOC) takes free of a security interest created by its seller even if the security interest is perfected (810 ILCS 5/9-320(a)). Here, Prairie Goods is selling inventory, and Heartland Distributors is supplying inventory. The question is about the priority of the security interests in the inventory itself, not about a buyer of the inventory. Prairie State Bank has a security interest in all of Prairie Goods’ inventory, both present and future. Heartland Distributors also has a security interest in the inventory it supplies. For Heartland Distributors to have priority over Prairie State Bank’s earlier perfected security interest in future inventory, it would typically need to rely on a purchase-money security interest (PMSI) in inventory and follow specific notification rules. A PMSI in inventory generally has priority over a conflicting security interest in the same inventory if the PMSI is perfected when the debtor receives possession of the inventory and the secured party gives an appropriate notification to any other secured party whose security interest covers the inventory (810 ILCS 5/9-324(b)). In this case, Heartland Distributors is supplying inventory. If Heartland has a PMSI in the inventory it supplied and properly perfects it and notifies Prairie State Bank of its PMSI *before* Prairie Goods receives possession of the inventory, then Heartland’s PMSI would have priority over Prairie State Bank’s security interest in that specific inventory. However, the question states that Heartland files its financing statement *after* Prairie State Bank already has a perfected security interest in all present and future inventory. Crucially, for a PMSI in inventory to gain priority over a prior perfected security interest in after-acquired inventory, the PMSI holder must give notice to the prior secured party *before* the debtor receives possession of the inventory. If Heartland Distributors did not provide such notice to Prairie State Bank prior to Prairie Goods receiving the inventory, its PMSI, even if perfected, would not have priority over Prairie State Bank’s earlier perfected security interest in after-acquired inventory. Therefore, assuming Prairie State Bank’s security interest was properly perfected and covered after-acquired inventory, and Heartland Distributors did not provide the required pre-possession notice for its PMSI in inventory, Prairie State Bank’s security interest would have priority over Heartland Distributors’ security interest in the inventory supplied by Heartland. The general rule of first-in-time, first-in-right applies to the perfection of security interests in after-acquired property unless a specific statutory exception like the PMSI in inventory rules applies and is strictly followed. Without evidence that Heartland met the notification requirements for a PMSI in inventory, the earlier perfected security interest of Prairie State Bank prevails. The calculation, in this context, is not numerical but conceptual: 1. Identify the collateral: Inventory. 2. Identify the secured parties: Prairie State Bank and Heartland Distributors. 3. Determine the nature of their security interests: Prairie State Bank has a blanket security interest covering present and future inventory. Heartland Distributors has a security interest in inventory it supplies. 4. Apply the general priority rule: First to file or perfect (810 ILCS 5/9-322(a)(1)). Prairie State Bank perfected first. 5. Consider PMSI in inventory exception (810 ILCS 5/9-324(b)). This requires perfection and notice *before* debtor receives possession. 6. Evaluate if Heartland met the PMSI notice requirement: The facts do not state that Heartland provided the required notice *before* Prairie Goods received possession. 7. Conclusion: Absent proper PMSI notification, the earlier perfected security interest of Prairie State Bank has priority. Therefore, Prairie State Bank has priority.
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Question 27 of 30
27. Question
Aurora Bank extended a loan to Prairie Enterprises, taking a security interest in Prairie’s deposit account held at Aurora Bank itself. Aurora Bank properly perfected its security interest by obtaining control over the deposit account, as provided by Illinois’ Uniform Commercial Code Article 9. Subsequently, Zenith Financial also extended credit to Prairie Enterprises and filed a financing statement covering Prairie’s general intangibles, which Prairie interpreted to include its deposit accounts. Zenith Financial did not take any steps to obtain control over the deposit account. Which party holds the superior security interest in Prairie Enterprises’ deposit account?
Correct
The core issue in this scenario revolves around the perfection of a security interest in deposit accounts. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a secured party can typically perfect a security interest in a deposit account by control. Control is achieved when the secured party is the bank in which the deposit account is maintained, or when the debtor has agreed in writing that the bank will comply with the secured party’s instructions regarding the deposit account. In this case, Aurora Bank perfected its security interest by obtaining control over the deposit account, as it is the bank where the account is held. When a senior secured party (Aurora Bank) has control over a deposit account, its security interest generally has priority over any subsequent security interest in the same deposit account, even if the subsequent secured party attempts to perfect by control or by filing. The filing of a financing statement is generally not sufficient to perfect a security interest in deposit accounts; control is the exclusive method. Therefore, Aurora Bank’s perfected security interest, established through control, takes precedence over the unperfected security interest claimed by Zenith Financial. Zenith Financial’s failure to obtain control means its security interest is subordinate.
Incorrect
The core issue in this scenario revolves around the perfection of a security interest in deposit accounts. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a secured party can typically perfect a security interest in a deposit account by control. Control is achieved when the secured party is the bank in which the deposit account is maintained, or when the debtor has agreed in writing that the bank will comply with the secured party’s instructions regarding the deposit account. In this case, Aurora Bank perfected its security interest by obtaining control over the deposit account, as it is the bank where the account is held. When a senior secured party (Aurora Bank) has control over a deposit account, its security interest generally has priority over any subsequent security interest in the same deposit account, even if the subsequent secured party attempts to perfect by control or by filing. The filing of a financing statement is generally not sufficient to perfect a security interest in deposit accounts; control is the exclusive method. Therefore, Aurora Bank’s perfected security interest, established through control, takes precedence over the unperfected security interest claimed by Zenith Financial. Zenith Financial’s failure to obtain control means its security interest is subordinate.
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Question 28 of 30
28. Question
Aurora Bank properly perfected a security interest in a 2022 Chevrolet Tahoe by having its lien noted on the vehicle’s certificate of title, as required by Illinois law for motor vehicles. The debtor, a private individual named Ben, subsequently sold the Tahoe to Elara, a resident of Illinois, who purchased the vehicle for personal use. Elara conducted a standard background check but found no UCC financing statements filed against Ben and had no actual knowledge of Aurora Bank’s lien. However, Aurora Bank’s lien remained noted on the certificate of title. Which of the following statements accurately describes the priority of Aurora Bank’s security interest in the Tahoe as against Elara’s ownership interest?
Correct
The question concerns the priority of a security interest in a motor vehicle in Illinois. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a security interest in a motor vehicle that is subject to a certificate of title statute is generally perfected by notation on the certificate of title, not by filing a UCC financing statement. Illinois has such a certificate of title statute. If a buyer in the ordinary course of business purchases a vehicle from a dealer, that buyer takes the vehicle free of a security interest created by the seller, even if the security interest is perfected, unless the buyer has knowledge of the security interest. However, this protection does not extend to a buyer who purchases from a person other than a dealer, or if the security interest is perfected by notation on the certificate of title. In this scenario, Aurora Bank’s security interest was perfected by notation on the certificate of title. Elara, purchasing from a private seller (not a dealer), is therefore subject to Aurora Bank’s perfected security interest. The UCC specifically addresses this in Section 9-320(a) and its comments, which clarify that a buyer in the ordinary course of business from a dealer takes free of a security interest granted by the seller, but this exception does not apply when the seller is not a dealer. Furthermore, Illinois’ certificate of title statute dictates the method of perfection for motor vehicles, and Aurora Bank followed this method. Therefore, Aurora Bank’s perfected security interest has priority over Elara’s purchase, even though Elara did not have actual knowledge of the security interest, because the perfection method for vehicles under Illinois law (notation on title) provides constructive notice.
Incorrect
The question concerns the priority of a security interest in a motor vehicle in Illinois. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a security interest in a motor vehicle that is subject to a certificate of title statute is generally perfected by notation on the certificate of title, not by filing a UCC financing statement. Illinois has such a certificate of title statute. If a buyer in the ordinary course of business purchases a vehicle from a dealer, that buyer takes the vehicle free of a security interest created by the seller, even if the security interest is perfected, unless the buyer has knowledge of the security interest. However, this protection does not extend to a buyer who purchases from a person other than a dealer, or if the security interest is perfected by notation on the certificate of title. In this scenario, Aurora Bank’s security interest was perfected by notation on the certificate of title. Elara, purchasing from a private seller (not a dealer), is therefore subject to Aurora Bank’s perfected security interest. The UCC specifically addresses this in Section 9-320(a) and its comments, which clarify that a buyer in the ordinary course of business from a dealer takes free of a security interest granted by the seller, but this exception does not apply when the seller is not a dealer. Furthermore, Illinois’ certificate of title statute dictates the method of perfection for motor vehicles, and Aurora Bank followed this method. Therefore, Aurora Bank’s perfected security interest has priority over Elara’s purchase, even though Elara did not have actual knowledge of the security interest, because the perfection method for vehicles under Illinois law (notation on title) provides constructive notice.
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Question 29 of 30
29. Question
Prairie State Bank perfected a security interest in a fleet of construction vehicles owned by Midwest Construction Inc. by filing a UCC-1 financing statement in Illinois on January 15, 2018. The financing statement was due to lapse on January 14, 2023. Midwest Construction Inc. subsequently sold one of the construction vehicles to a reputable equipment dealer, Farm & Road Equipment LLC, on March 1, 2023. Farm & Road Equipment LLC conducted a standard UCC search on March 1, 2023, which revealed no active financing statements for Midwest Construction Inc. regarding this vehicle. Prairie State Bank failed to file a continuation statement before the lapse. What is the status of Prairie State Bank’s security interest in the vehicle concerning Farm & Road Equipment LLC?
Correct
In Illinois, when a secured party files a financing statement that lapses, the security interest generally remains perfected for a period of time. Article 9 of the Uniform Commercial Code, as adopted in Illinois, addresses the effect of lapse. Specifically, UCC § 9-515 (810 ILCS 5/9-515) governs the duration of perfection. A standard financing statement is effective for five years from the date of filing. If a continuation statement is filed within the six-month period before the expiration of the five-year period, the effectiveness can be extended for another five years. However, if no continuation statement is filed, the financing statement lapses and the security interest ceases to be perfected. This lapse is not immediate; the security interest generally remains perfected for a grace period, often interpreted as the remaining duration of the original filing term if it hadn’t lapsed, or as specified by other UCC provisions that might deem it temporarily perfected against certain parties. Crucially, UCC § 9-317 (810 ILCS 5/9-317) outlines the priority rules. If a financing statement lapses, the secured party’s security interest becomes unperfected. An unperfected security interest is subordinate to the rights of a buyer of collateral that receives delivery of the collateral without knowledge of the security interest, or a lien creditor, or a buyer of goods that uses them for farming operations. Therefore, after the lapse of the financing statement, the secured party loses its perfected status and its priority against these subsequent interests. The question hinges on the consequence of this lapse for the secured party’s priority against a subsequent buyer of the collateral. Since the financing statement lapsed, the security interest is unperfected. An unperfected security interest is subordinate to a buyer of collateral who buys without knowledge of the security interest and receives delivery of the collateral. Therefore, the subsequent buyer in Illinois would generally take free of the security interest.
Incorrect
In Illinois, when a secured party files a financing statement that lapses, the security interest generally remains perfected for a period of time. Article 9 of the Uniform Commercial Code, as adopted in Illinois, addresses the effect of lapse. Specifically, UCC § 9-515 (810 ILCS 5/9-515) governs the duration of perfection. A standard financing statement is effective for five years from the date of filing. If a continuation statement is filed within the six-month period before the expiration of the five-year period, the effectiveness can be extended for another five years. However, if no continuation statement is filed, the financing statement lapses and the security interest ceases to be perfected. This lapse is not immediate; the security interest generally remains perfected for a grace period, often interpreted as the remaining duration of the original filing term if it hadn’t lapsed, or as specified by other UCC provisions that might deem it temporarily perfected against certain parties. Crucially, UCC § 9-317 (810 ILCS 5/9-317) outlines the priority rules. If a financing statement lapses, the secured party’s security interest becomes unperfected. An unperfected security interest is subordinate to the rights of a buyer of collateral that receives delivery of the collateral without knowledge of the security interest, or a lien creditor, or a buyer of goods that uses them for farming operations. Therefore, after the lapse of the financing statement, the secured party loses its perfected status and its priority against these subsequent interests. The question hinges on the consequence of this lapse for the secured party’s priority against a subsequent buyer of the collateral. Since the financing statement lapsed, the security interest is unperfected. An unperfected security interest is subordinate to a buyer of collateral who buys without knowledge of the security interest and receives delivery of the collateral. Therefore, the subsequent buyer in Illinois would generally take free of the security interest.
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Question 30 of 30
30. Question
Aurora Manufacturing Inc., an Illinois-based company, grants a security interest in all of its existing and after-acquired inventory and equipment to Creditor Bank. Creditor Bank promptly files a UCC-1 financing statement in Illinois, accurately identifying Aurora Manufacturing Inc. and describing the collateral. Later, Aurora Manufacturing Inc. also obtains inventory from Supplier Solutions LLC, under an agreement where Supplier Solutions LLC claims a security interest in that inventory. Supplier Solutions LLC does not file a financing statement but takes physical possession of a significant portion of the newly acquired inventory. Aurora Manufacturing Inc. subsequently files for bankruptcy in the United States Bankruptcy Court for the Northern District of Illinois. As between Creditor Bank, Supplier Solutions LLC, and the bankruptcy trustee, what is the likely priority status of Creditor Bank’s security interest in the inventory?
Correct
The scenario involves a debtor, Aurora Manufacturing Inc., located in Illinois, granting a security interest in its inventory and equipment to Creditor Bank. Aurora Manufacturing Inc. later files for bankruptcy. A key issue in secured transactions is the perfection of a security interest. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a security interest is generally perfected by filing a financing statement. However, for certain types of collateral, such as inventory and equipment, possession by the secured party is not the typical method of perfection, and filing is the primary means. Aurora Manufacturing Inc. initially granted the security interest to Creditor Bank, and Creditor Bank filed a UCC-1 financing statement in Illinois, properly identifying Aurora Manufacturing Inc. as the debtor and describing the collateral as “all inventory and equipment.” This filing perfects Creditor Bank’s security interest in the specified collateral. Subsequently, Aurora Manufacturing Inc. entered into a transaction with Supplier Solutions LLC, which also claims a security interest in the same collateral. Supplier Solutions LLC did not file a financing statement and instead took possession of a portion of Aurora Manufacturing Inc.’s inventory. In bankruptcy, the trustee has the rights of a hypothetical lien creditor. A perfected security interest generally has priority over an unperfected security interest and over a lien creditor. Creditor Bank’s security interest was perfected by filing prior to Supplier Solutions LLC’s possession. Therefore, Creditor Bank’s perfected security interest in the inventory and equipment will generally have priority over Supplier Solutions LLC’s unperfected security interest and the bankruptcy trustee’s status as a hypothetical lien creditor with respect to the collateral that Creditor Bank properly perfected its interest in. Supplier Solutions LLC’s possession of inventory, while potentially establishing a security interest, does not perfect it against a prior perfected secured party or a lien creditor if it fails to meet the specific requirements for perfection by possession or if another secured party has already perfected by filing. In Illinois, filing is the standard method for perfecting security interests in inventory and equipment.
Incorrect
The scenario involves a debtor, Aurora Manufacturing Inc., located in Illinois, granting a security interest in its inventory and equipment to Creditor Bank. Aurora Manufacturing Inc. later files for bankruptcy. A key issue in secured transactions is the perfection of a security interest. Under Article 9 of the Uniform Commercial Code, as adopted in Illinois, a security interest is generally perfected by filing a financing statement. However, for certain types of collateral, such as inventory and equipment, possession by the secured party is not the typical method of perfection, and filing is the primary means. Aurora Manufacturing Inc. initially granted the security interest to Creditor Bank, and Creditor Bank filed a UCC-1 financing statement in Illinois, properly identifying Aurora Manufacturing Inc. as the debtor and describing the collateral as “all inventory and equipment.” This filing perfects Creditor Bank’s security interest in the specified collateral. Subsequently, Aurora Manufacturing Inc. entered into a transaction with Supplier Solutions LLC, which also claims a security interest in the same collateral. Supplier Solutions LLC did not file a financing statement and instead took possession of a portion of Aurora Manufacturing Inc.’s inventory. In bankruptcy, the trustee has the rights of a hypothetical lien creditor. A perfected security interest generally has priority over an unperfected security interest and over a lien creditor. Creditor Bank’s security interest was perfected by filing prior to Supplier Solutions LLC’s possession. Therefore, Creditor Bank’s perfected security interest in the inventory and equipment will generally have priority over Supplier Solutions LLC’s unperfected security interest and the bankruptcy trustee’s status as a hypothetical lien creditor with respect to the collateral that Creditor Bank properly perfected its interest in. Supplier Solutions LLC’s possession of inventory, while potentially establishing a security interest, does not perfect it against a prior perfected secured party or a lien creditor if it fails to meet the specific requirements for perfection by possession or if another secured party has already perfected by filing. In Illinois, filing is the standard method for perfecting security interests in inventory and equipment.