Uniform Commercial Code/Article 9

Financing Statements: Close Enough Only Counts in Horseshoes

May 2024

Avoidance Actions Are Estate Property that May Be Sold, the Fifth Circuit Says

The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.

Uniform Law on Assignment for Benefit of Creditors

I'm on the Uniform Law Commission's Drafting Committee for a uniform law on assignments for benefit of creditors. I'll discuss the uniform law process and provide information on assignment for benefit of creditors issues, how those issues relate to bankruptcy, and the potential for a uniform law thereon. Under the laws of most states, assignment for benefit of creditors ("ABC") is an unutilized, or under-utilized, tool. That's because most states either, (i) have no ABC statute, or (ii) have ABC statutes with poison-pill provisions that no one wants to use. I'll discuss how a uniform law will make the ABC tool available and usable and its connection with bankruptcy. Business Suggested Speakers Donald Swanson don.swanson@koleyjessen.com Koley Jessen P.C., L.L.O.

Insured Deposit Sweep Programs: Can We Pretend?

Feb 2024

Untangling Commingled Fund Flows: Tracing Rule Selection and Implementation Issues

Jan 2024

New Rules for the Automotive Supplier/Customer Game?

Dec 2023

MCAs: Lifesavers, or Debt Traps?

Nov 2023

Is Electricity a “Good” Eligible for § 503(b)(9) Priority Status?

Nov 2023

Eighth Circuit Definitively Holds: Avoidance Actions Are Estate Property and Can Be Sold

Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.

Timing Considerations for Commencing State Law Avoidance Actions in New York State

Currently in New York State, creditors’ ability to avoid fraudulent transfers is governed by one of two different statutory schemes, depending on when the transfer occurred. Although New York State adopted the Uniform Voidable Transactions Act in 2019, New York’s predecessor fraudulent transfer statute, the Uniform Fraudulent Conveyance Act, still governs those transfers that occurred prior to April 4, 2020. These two statutory schemes each have different limitations on time to commence an action.