How Revised Article 9 Will Turn the Trustee's Strong Arm into a Weak Finger: A Potpouri of Cases

Abstract

The ability of creditors to become secured was enhanced with the revisions to Article 9 of the Uniform Commercial Code that became effective in 2001. The broader scope of Revised Article 9, its increased ease of attachment, and the simplified rules for perfection simultaneously reduced the scope of the avoiding powers of the bankruptcy trustee.

Although more than a decade has passed, the effects anticipated by reflecting on a set of well-known cases remains worthwhile.

Keywords: bankruptcy, Article 9, secured transactions, strong-arm, avoiding powers