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Hillman on Documenting Secured Transactions: Effective Drafting and Litigation (Third Edition)

 
Author(s): Thomas S. Hemmendinger
Practice Area: Banking
Published: Sep 2017
Supplement Date: Jul 2019 i Other versions can be found in the Related Items tab.
ISBN: 9781402429736
PLI Item #: 208560

This practical guide provides you with rock-solid, readable guidance. Based on the original work by Judge William C. Hillman, a recognized U.C.C. authority, this new edition of Hillman on Documenting Secured Transactions presents Article 9 best practices from a twenty-first-century perspective, giving you a working grasp of the legal, technical, and business aspects of Article 9 transactions.

Nearly twenty years into Revised Article 9, with the 1999 revisions and 2010 amendments now adopted by all fifty states, this new third edition, now in a softcover format,  focuses on Revised Article 9 as the current law, adding glosses and other background on prior law under Prior Article 9 and pre-Revision case law where helpful.

This new edition also:

  • Explains that a debtor has sufficient rights in an account or general intangible when it has performed its obligations to the account debtor, even if the debtor must satisfy a condition before it is entitled to payment
  • Examines how, unlike the assignee of the trademark, a secured party is not obligated to use or protect the trademark
  • Explains that a secured party’s use of a non-registered assumed name does not affect the attachment or perfection of the security interest
  • Discusses how the term “accounts” alone does not necessarily include the records that substantiate the accounts
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Thomas S. Hemmendinger is of counsel to Brennan, Recupero, Cascione, Scungio & McAllister, LLP, of Providence, Rhode Island, and Taunton, Massachusetts.  He counsels financial institutions, logistics companies, and other businesses on commercial loan documentation, Uniform Commercial Code matters, commercial transactions, workouts, and commercial and bankruptcy litigation.  He also serves as a court-appointed receiver.  He regularly writes and teaches on these and other topics for lending institutions and for continuing legal education organizations.  He is a member of the Uniform Law Commission (National Conference of Commissioners on Uniform State Laws).  He is also a member of the American Bankruptcy Institute, the American Bar Association’s Business Law and Real Property, Probate and Trust Law Sections, and the Association of Commercial Finance Attorneys.  Mr. Hemmendinger received his A.B. from Brown University and his J.D. from the University of North Carolina School of Law.