Delayed Perfection of Security Interests in Personal Property and the Substantially Contemporaneous Exchange Exception to Preference Attack

Duncan, Richard F.

Journal: Nebraska Law Review

Volume: 62

Year: 1983

Bluebook Citation: 62 NEB. L. REV. (1983)

Author: Richard F. Duncan: all 20 publications


Abstract

The principle purpose of this article is to consider what happens under the scheme of bankruptcy preference law when a creditor obtains a security interest in the debtor's personal property in exchange for contemporaneous value and fails to promptly perfect it against certain third parties. I. Introduction II. Delayed Perfection and Preference Attack ... A. Section 547(e) ... B. Section 547(c)(1) and Substantially Contemporaneous Perfection ... 1. The Developing Case Law ... 2. A Proposed Solution III. Conclusion

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