- Compliance & Regulation
Floor Plan Financier Can’t Reclaim Collateral Due to Lack of UCC Filing
Michael L. Weissman
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A floor plan financier argued that its trust agreement with a bankrupt debtor excused its failure to make an Article 9 UCC filing to perfect its security interest. The court rejected that argument in Hawaii Motorsports, LLC, 2020 Bankr. Lexis 3428 (Bankr.D. Mont. 2020).
Hawaii Motorsports, LCC, the debtor, was in bankruptcy and American Honda Finance Corporation, the financing source for the debtor, was trying to reclaim the debtor’s inventory and proceeds from the sale of…
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