Errors in the text

Errors in the text Page 302, third full paragraph, four lines from the end, “James McGinty” should be “Roger McGuinn.” Page 311, problem 17.2a. “9-102(a)(70)” should be “9-102(a)(71).” Problem 18.5. “9.4” should be “9.2.”

Secured TransactionsAssignment 17 Financing Statements The Debtor’s Name

The Big Picture Part One: The Creditor-Debtor Relationship Part Two: The Creditor Third Party Relationship Chapter 6: Perfection Assignment 16: Filing Systems Assignment 17: Financing Statements: The Debtor’s Name Assignment 18: Financing Statements: Other Information Assignment 19: Exceptions to the filing requirement

Communication through the filing system Debtor’s name Debtor’s address Collateral description Financing statement Filing system Filer

Communication through the filing system Debtor’s name Debtor’s address Collateral description Debtor’s name Debtor’s address Collateral description Financing statement Search request Filing system Filer Searcher

System for naming individuals Article 9: No definition of “name.” §9-521 form: “Debtor’s exact full name.” Black’s Law Dictionary: Legal name: A person’s full name as recognized in law. A legal name is usually acquired at birth or through a court order. Full name: An individual’s personal name, second or middle names or initials (if any), and surname arranged in a customary order. In re Kinderknecht: The debtor’s “legal name,” not the debtor’s “nickname.” “Terrance Joseph Kinderknecht”, first paragraph “Terrance J. Kinderknecht”, third paragraph

System for naming individuals The common law: The name by which the debtor is generally known, for nonfraudulent purposes, in the community. Tiger Woods or EldrickTont Woods ? Osama Bin Laden or Usama Bin Laden Peoples argues that Cornerstone does not have a security interest in the cattle because its financing statement did not use Dickerson's legal name. Cornerstone's financing statement identified "Louie Dickerson" as the debtor instead of by his proper legal name, "Brooks L. Dickerson." . . . Peoples was put on inquiry notice that a security interest in the property of "Brooks L. Dickerson" could be listed under the name "Louie Dickerson." Dickerson held himself out to the community as Louie Dickerson, and he used this name in bank accounts, bills of sale, and with others with whom he did business. People’s Bank v. Bryan Bros. (5th Cir. 2007)

System for naming individuals Kansas Bankruptcy Court, 2006: [T]he most pragmatic approach for the courts is to employ a legal name standard for individual debtors. In most cases, the name on the debtor's bankruptcy petition, a driver's license, or Social Security card will be the best evidence of the debtor's legal name. If there is a conflict among these documents, the debtor's birth certificate may be the best evidence.

Driver’s license safe harbor (a) [Then] A financing statement sufficiently provides the name of the debtor: (4) subject to subsection (g), ifthe debtor is an individual to whom this State has issued a [driver’s license] that has not expired, only if it provides the name of the individual which is indicated on the [driver’s license]; (5) if the debtor is an individual to whom paragraph (4) does not apply, only if it provides the individual name of the debtor or the surname and first personal name of the debtor; Exact correct legal name: Robert Paul Marshall Driver’s license name: Santa Clause Is a filing against Robert Paul Marshall valid? Is a filing against Santa Clause valid? Real ID Act. Extensions granted to 2013.

System for naming corporations 2010 Amendments: §9-503(a)(1): “The name that is stated to be the registered organization’s name on the public organic record most recently filed with or issued . . . by the . . . jurisdiction of organization.” §9-102(a)(68): “Public organic record” means . . . the record initially filed with or issued by a State to form or organize an organization and any record . . . or which amends or restates the initial record. Example: http://kepler.sos.ca.gov/ (“Quality Mechanical”) http://www.sos.ca.gov/business/pdf/be_ircform.pdf

Name Errors §9-506(c): If a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with Section 9-503(a), the name provided does not make the financing statement seriously misleading.

Standard Search Logic: Corporations (a) No distinction is made between upper and lower case letters. (b) Punctuation marks and accents are disregarded. (c) Words and abbreviations that indicate the existence or nature of an organization are disregarded. (d) The word "the" at the beginning of the search criteria is disregarded. (e) All spaces are disregarded. “The John-Ken A. Smith Corporation”

Standard Search Logic: Corporations (a) No distinction is made between upper and lower case letters. (b) Punctuation marks and accents are disregarded. (c) Words and abbreviations that indicate the existence or nature of an organization are disregarded. (d) The word "the" at the beginning of the search criteria is disregarded. (e) All spaces are disregarded. “The John-Ken A. Smith Corporation” = “JOHNKENASMITH”

Standard Search Logic: Corporations (a) No distinction is made between upper and lower case letters. (b) Punctuation marks and accents are disregarded. (c) Words and abbreviations that indicate the existence or nature of an organization are disregarded. (d) The word "the" at the beginning of the search criteria is disregarded. (e) All spaces are disregarded. “The John-Ken A. Smith Corporation” = “JOHNKENASMITH” “John Kena Smith, Incorporated” = “JOHNKENASMITH”

Standard Search Logic: Individuals

Standard Search Logic: Individuals Request: "John A. Smith“ Retrieves: Individual debtors with "John" or the initial "J" as first name, "Smith" as last name, and nothing, the initial "A," or any name beginning with "A," as middle name.

Standard Search Logic: Individuals Request: "John A. Smith“ Retrieves: Individual debtors with "John" or the initial "J" as first name, "Smith" as last name, and nothing, the initial "A," or any name beginning with "A," as middle name. J. A. Smith J. Allen Smith John Smith

Standard Search Logic: Individuals Request: "John Smith“ Retrieves: All individual debtors with those names, regardless of middle name.

Standard Search Logic: Individuals Request: "John Smith“ Retrieves: All individual debtors with those names, regardless of middle name. John Allen Smith John Phillip Smith John P. Smith

Standard Search Logic: Individuals Request: "John Smith“ Retrieves: All individual debtors with those names, regardless of middle name. John Allen Smith John Phillip Smith John P. Smith What if the correct name is John Philip Smith, but the filing is against J. Smith?

Standard Search Logic: Individuals Request: "John Smith“ Retrieves: All individual debtors with those names, regardless of middle name. John Allen Smith John Phillip Smith John P. Smith What if the correct name is John Philip Smith, but the filing is against J. Smith? Valid!

Name Errors §9-506(c): If a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with Section 9-503(a), the name provided does not make the financing statement seriously misleading. Drafters’ thinking: • Filers and searchers can easily get exact correct names.

Name Errors §9-506(c): If a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with Section 9-503(a), the name provided does not make the financing statement seriously misleading. Drafters’ thinking: • Filers and searchers can easily get exact correct names. • Only a single search is necessary.

Name Errors §9-506(c): If a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with Section 9-503(a), the name provided does not make the financing statement seriously misleading. Drafters’ thinking: • Filers and searchers can easily get exact correct names. • Only a single search is necessary. • States will soften the system with search logic that overcomes minor errors.

Standard search logic is in effect, page 310

Assume driver license name is the correct name Standard search logic is in effect, page 310

Errors in the text

Errors in the text

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