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Indiana Secured Transactions Under Article 9 of the Uniform Commercial Code: Forms and Practice Manual

by Edward A. Keirn, Esq. and Bambra K. Pitman, Esq.

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$219.90
  • Updated annually 
  • First Edition published 2002
  • 1 volume, 680+ pages, 90+ forms
  • ISBN #1-57400-079-9
  • Includes a forms CD

Indiana Secured Transactions Under  Article 9 of the Uniform Commercial Code: Forms and Practice Manual

Prominent Indiana attorneys, Edward A. Keirn and Bambra K. Pitman, have drawn from their extensive experience to bring you this practical, easy-to-use book, containing a comprehensive collection of all the current rules of Revised Article 9, along with extensive commentaries on how they affect the forms and procedures used in Indiana today.

With the enactment of the 2010 Amendments to UCC Article 9, effective July 1, 2013, it is more important than ever to keep abreast of the rules. The new Amendments address matters that have arisen in practice following more than a decade of experience practicing under the 1998 version of UCC-9, modify the existing statute to respond to filing issues, and provide greater guidance as to the name of an individual debtor to be provided on a financing statement.

Recent Updates Include:

  • New rules for determining an individual debtor’s name under Section 4.4
  • New financing statement rejection rules for the Indiana Secretary of State and Indiana county recorders under Section 4.6
  • New Form 14-70 and guidelines for the former Correction Statement (now Information Statement) under Section 4.15
  • New rules for perfection of after-acquired collateral when the debtor changes jurisdiction or a new debtor located in a new jurisdiction becomes bound by the original debtor’s security agreement under Sections 8.2.1 and 8.2.3
  • New rules regarding termination of control of electronic documents and secured parties’ related duties under Section 11.4
  • New transition period rules under Chapter 13A
  • New and revised forms that address the amendments that went into effect on July 1, 2013
  • Synopses of new case law addressing leases, bailments, certificates of title, proceeds, priority, assignment and setoff, buyers in the ordinary course of business, commercial reasonableness, and repossession and mistake

Edward A. Keirn is Special Counsel for Commercial Transactions and Consumer Financial Services, resident in the Indianapolis office of Barnes & Thornburg LLP. His practice is devoted primarily to matters and issues involving the debtor-creditor relationship, both with respect to large, complex, commercial financing transactions and to the myriad of consumer financial products offered by retail lending institutions and other consumer financial services providers.

Mr. Keirn has represented a wide variety of commercial lenders and certain large commercial borrowers in connection with securitized asset financings, sale-leaseback transactions, production payment financings, loan restructurings, and loan workouts, negotiating the terms of the underlying financing transaction, preparing the financing documents, and providing legal opinions concerning the financing transaction and the financing documents.

Mr. Keirn also represents banks, bank holding companies, thrifts, mortgage companies, consumer finance companies, and credit card issuers in connection with a wide variety of financial products offered to Indiana consumers. Mr. Keirn’s experience as a financial institutions examiner with the Indiana Department of Financial Institutions and later as that agency’s chief legal advisor on consumer credit compliance matters has provided him with unique insight into the regulatory environment of financial institutions.

Mr. Keirn is a frequent lecturer at seminars and meetings and is an active member of several bar association sections and committees. In 1999, Mr. Keirn was a member of the Indiana State Bar Association Bankruptcy and Creditors’ Rights Section — UCC Article 9 Task Force. This task force prepared written reports for the Indiana legislature in connection with its consideration and ultimate passage of Revised Article 9 of the Uniform Commercial Code. During and since his involvement in the UCC Article 9 Task Force, Mr. Keirn has been involved in training his firm’s other lawyers on Revised Article 9 and assisting his firm’s many clients in achieving a smooth transition from former Article 9 to Revised Article 9.

Mr. Keirn is a summa cum laude graduate of both Indiana Wesleyan University (B.S. 1973) and the Indiana University School of Law — Indianapolis (J.D. 1983) and holds a masters degree in public administration from Ball State University (M.P.A. 1979). His other publications include The Indiana Uniform Consumer Credit Code Compliance Manual, which is the manual currently used by the Indiana Department of Financial Institutions in conducting consumer credit compliance examinations.

Bambra (Barb) K. Pitman is an associate in the Indianapolis office of Barnes & Thornburg LLP. She has been a member of the firm’s Finance, Insolvency & Restructuring Department since joining the firm in 2011. Ms. Pitman represents commercial lenders, loan servicers, and receivers in a variety of matters, including loan modifications, loss mitigation measures, foreclosures, appointment of receivers and operation of receiverships. She has also provided guidance to manufacturers regarding tooling and raw material loss prevention and represents financial institutions and other creditors in the bankruptcy context.

Ms. Pitman is a summa cum laude graduate of Indiana University — Indianapolis and received her Juris Doctorate from Columbia Law School, New York, in 2011.

» View Full Table of Contents [PDF]

SUMMARY TABLE OF CONTENTS


Chapter 1: Overview and Definitions

Chapter 2: Creating a Security Interest—Attachment—Making the Secured Party's Rights Enforceable Against the Debtor

Chapter 3: Perfection

Chapter 4: Financing Statement Mechanics

Chapter 5: Prevailing Against Others

Chapter 6: Particular Types of Collateral

Chapter 7: Proceeds

Chapter 8: Post-Closing Changes

Chapter 9: Third Parties—Account Debtors

Chapter 10: Enforcement

Chapter 11: Secured Party's Obligations

Chapter 12: Remedies and Penalties Against Secured Parties

Chapter 13: Transition and Laws Applicable to New 9 Amendments Effective July 1, 2001

Chapter 13A: Transition and Law Applicable to New 9A Amendments Effective July 1, 2013

Chapter 14: Forms

Appendix

Indices

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