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Subject Topic: Secured Transactions from Wiley (Topic Closed Topic Closed) Post ReplyPost New Topic
  
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vasaline
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Posted: 20 Jul 2011 at 00:58 | IP Logged  

On June 15, Harper purchased equipment for $100,000 from
Imperial Corp. for use in its manufacturing process.
Harper paid for the equipment with funds borrowed from
Eastern Bank. Harper gave Eastern a security agreement
and financing statement covering Harper's existing and
after-acquired equipment. On July 21, Harper was
petitioned involutarily into bankrupt under Chapter & of
the Federal Bankruptcy Code. A bankruptcy trustee was
appointed. On June 23, Eastern filed the financing
statement. Which parties will have a superior security
interest in the equipment?

Ans. D Eastern because it perfected its security interest
within the permissible time limits.

Wiley explains this by saying:

When a purchase money security interest uses noninventory
as collateral, it has priorty over prior competing
interests as long as it perfected within twenty days.

Now what I dont get is why is the creditor has a purchase
money security interest. I thought he was considered a
non-purchase money security interest since he took
existing and after-acquired equipment as collateral.
Please correct me because I think that Wiley is incorrect
in this question.
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BRAF=CPA
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Posted: 20 Jul 2011 at 13:58 | IP Logged  

vasaline wrote:
On June 15, Harper purchased equipment for $100,000 from
Imperial Corp. for use in its manufacturing process.
Harper paid for the equipment with funds borrowed from
Eastern Bank. Harper gave Eastern a security agreement
and financing statement covering Harper's existing and
after-acquired equipment. On July 21, Harper was
petitioned involutarily into bankrupt under Chapter & of
the Federal Bankruptcy Code. A bankruptcy trustee was
appointed. On June 23, Eastern filed the financing
statement. Which parties will have a superior security
interest in the equipment?

Ans. D Eastern because it perfected its security interest
within the permissible time limits.

Wiley explains this by saying:

When a purchase money security interest uses noninventory
as collateral, it has priorty over prior competing
interests as long as it perfected within twenty days.

Now what I dont get is why is the creditor has a purchase
money security interest. I thought he was considered a
non-purchase money security interest since he took
existing and after-acquired equipment as collateral.
Please correct me because I think that Wiley is incorrect
in this question.

I think it is confusing.  It should really say "Who has superior security interest in the equipment sold?"  I think you can only have PMSI in equipment sold to a customer, however you can have perfected secured interest in the rest of the equipment. 



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kittymiaomiao
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Joined: 20 Apr 2011
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Posted: 20 Jul 2011 at 22:19 | IP Logged  

Vasaline: A purchase money security interest (PMSI) is a
security interest in collateral created by a seller who
secures the obligation to pay the purchase price (such as a
retention of title agreement) or by a person who finances
or provides the value to purchase the collateral. Eastern
bank situation applies to the 2nd scenario of PMSI.

BRAF: the condition of PMSI in consumer goods is for
automatic perfection of PMSI. This question is about the
equipment sales and therefore it needs other ways to
perfect. For example filing of financing statement. The
perfection starts at the date of attaching, i.e. Jun 15.
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vasaline
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Posted: 20 Jul 2011 at 23:38 | IP Logged  

From my understanding:
PMSI is a creditor who advances money or credit to enable a
debtor to obtain a collateral and takes a security interest
in that collateral.

In the problem, the creditor takes collateral on existing
equipment and after-acquired equipment of the debtor. This
would lead me to think that the creditor would be a non-
PMSI instead of PMSI.
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BRAF=CPA
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Posted: 21 Jul 2011 at 09:44 | IP Logged  

Kitty, it says in the problem that the financing statement was filed within 20 days, which would make it perfected.  And what i was saying is that it cant be PMSI unless you have a direct interest in the actual equipment sold.  If you have interest in future acquired interest the best you can get is perfected security interest.  That is why adding "sold" to the end of the quesitons would make the softwares explanation correct. 

Vasaline, i agree with what you are saying i cant see how you can be a PMSI without taking interest in the exact collateral you sold.  You can have perfected secure interet, but not PMSI. 



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