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Session Laws, 1999
Volume 796, Page 2139   View pdf image
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(2) AT THE PRICE CURRENT IN ANY RECOGNIZED MARKET AT THE TIME
OF THE DISPOSITION; OR

(3) OTHERWISE IN CONFORMITY WITH REASONABLE COMMERCIAL
PRACTICES AMONG DEALERS IN THE TYPE OF PROPERTY THAT WAS THE SUBJECT OF
THE DISPOSITION.

(C) A COLLECTION, ENFORCEMENT, DISPOSITION, OR ACCEPTANCE IS
COMMERCIALLY REASONABLE IF IT HAS BEEN APPROVED:

(1) IN A JUDICIAL PROCEEDING;

(2) BY A BONA FIDE CREDITORS' COMMITTEE;

(3) BY A REPRESENTATIVE OF CREDITORS; OR

(4) BY AN ASSIGNEE FOR THE BENEFIT OF CREDITORS.

(D) APPROVAL UNDER SUBSECTION (C) NEED NOT BE OBTAINED, AND LACK
OF APPROVAL DOES NOT MEAN THAT THE COLLECTION, ENFORCEMENT,
DISPOSITION, OR ACCEPTANCE IS NOT COMMERCIALLY REASONABLE.

9-628. NONLIABILITY AND LIMITATION ON LIABILITY OF SECURED PARTY;
LIABILITY OF SECONDARY OBLIGOR

(A) UNLESS A SECURED PARTY KNOWS THAT A PERSON IS A DEBTOR OR
OBLIGOR, KNOWS THE IDENTITY OF THE PERSON, AND KNOWS HOW TO
COMMUNICATE WITH THE PERSON:

(1) THE SECURED PARTY IS NOT LIABLE TO THE PERSON, OR TO A
SECURED PARTY OR LIENHOLDER THAT HAS FILED A FINANCING STATEMENT
AGAINST THE PERSON, FOR FAILURE TO COMPLY WITH THIS TITLE; AND

(2) THE SECURED PARTY'S FAILURE TO COMPLY WITH THIS TITLE DOES
NOT AFFECT THE LIABILITY OF THE PERSON FOR A DEFICIENCY.

(B) A SECURED PARTY IS NOT LIABLE BECAUSE OF ITS STATUS AS SECURED
PARTY:

(1) TO A PERSON THAT IS A DEBTOR OR OBLIGOR, UNLESS THE SECURED
PARTY KNOWS:

(A) THAT THE PERSON IS A DEBTOR OR OBLIGOR,

(B) THE IDENTITY OF THE PERSON; AND

(C) HOW TO COMMUNICATE WITH THE PERSON; OR

(2) TO A SECURED PARTY OR LIENHOLDER THAT HAS FILED A
FINANCING STATEMENT AGAINST A PERSON, UNLESS THE SECURED PARTY KNOWS:

(A) THAT THE PERSON IS A DEBTOR; AND

(B) THE IDENTITY OF THE PERSON.

 

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Session Laws, 1999
Volume 796, Page 2139   View pdf image
 Jump to  
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