Secured Transactions

Course Number:Law 275
Hours:3
Course Type:Core
Writing Requirement:None
Skills Requirement?:No
Final Exam?:Yes
Description:

Broome section:
This course covers debt transactions in which the debtor offers personal property collateral to secure the debt. The creditor's interest in the collateral is a security interest and the course examines the creation, perfection, priority, and enforcement of this security interest under Article 9 of the Uniform Commercial Code. The class emphasizes statutory construction and practical considerations in structuring the transaction.

Brown section:
The course addresses the use of personal property as collateral to secure a debt (analogous to mortagages for realty). The course focuses on Article 9 of the UCC and a few provisions of the Bankruptcy Code. Typical transactions range from garage sales to auto loans and construction projects. This is a core course that provides a unique vocabulary and framework for analysis and is a great choice for any 2L or 3L, whether generalist or specialist. The course gives students a high level of practical mastery that is valuable in practice. It emphasizes statutory construction, sometimes utilizing a problem approach.

Jacoby section:
This course explores the legal regulation of asset-backed loans (think of a car loan) to consumers and businesses governed by the Uniform Commercial Code, and, to a lesser extent, by real estate law and federal bankruptcy law. The course involves the use of problems assigned in advance and close reading of statutes.

Related Courses:

Broome section:
Sales (3 hours) (in some years) deals with the sale of goods under Article 2 of the UCC and Payment Systems (3 hours) (in some years) deals with negotiable instruments (checks and promissory notes) under Articles 3 and 4. Secured Transactions is a foundation course normally taken by 3Ls. Secured Transactions may not be taken in addition to the 4-hour course, Sales and Secured Transactions, which is occasionally offered.
Bankruptcy and Secured Transactions cover some common topics, but a student may enroll in both courses. Bankruptcy is not a prerequisite or co-requisite for Secured Transactions.

Brown section:
There is little significant redundancy in the related courses of Bankruptcy, Sales, and Payment Systems, which may be taken in any order or combination.

Jacoby section:
Due to my course materials that treat commercial law as an integrated system, secured transactions does overlap with bankruptcy. However, it is fine to take both courses, and to take them in any order or concurrently. Although the school labels secured transactions "core" and bankruptcy "non-core," bankruptcy may be a more useful selection for some students who plan to take just one.

Prerequisites:

None.

Instructor(s):L. Broome, C. Brown, M. Jacoby
Semester(s):Fall, Spring


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