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    A Plea for the Financing Buyer

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    Author
    Kronman, Anthony
    Jackson, Thomas
    
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    URI
    http://hdl.handle.net/20.500.13051/271
    Abstract
    Article 9 of the Uniform Commercial Code explicitly sanctions a security interest capable of "floating" over all of a borrower's personal property, including property that is "after-acquired." Its firm endorsement of the floating lien constitutes one of the Code's most significant contributions to the law of chattel security. The draftsmen of Article 9 recognized, however, that there are difficulties inherent in allowing unbridled floating liens. Under such a provision, an unyielding creditor may be able to frustrate future outside borrowing by his debtor, since any future lender will be confronted with the fait accompli of a prior perfected security interest that gives the already secured party priority even for subsequent advances.
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