Maine Revised Statutes Title 11 Sec. 9-1205 – Use or disposition of collateral permissible
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(1). A security interest is not invalid or fraudulent against creditors solely because:
(a). The debtor has the right or ability to:
(i) Use, commingle or dispose of all or part of the collateral, including returned or repossessed goods;
(ii) Collect, compromise, enforce or otherwise deal with collateral;
(iii) Accept the return of collateral or make repossessions; or
(iv) Use, commingle or dispose of proceeds; or [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). The secured party fails to require the debtor to account for proceeds or replace collateral. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
Terms Used In Maine Revised Statutes Title 11 Sec. 9-1205
- Account: includes health-care-insurance receivables. See Maine Revised Statutes Title 11 Sec. 9-1102
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Collateral: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Debtor: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Goods: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Proceeds: means the following property:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Secured party: means :
(2). This section does not relax the requirements of possession if attachment, perfection or enforcement of a security interest depends upon possession of the collateral by the secured party.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).