Bulk Transfer Without Consent In Chicago
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If the Buyer fails to comply with these terms, the sale proceeds as usual, but they assume responsibility for liability payments equal to the difference between the creditor's owed debts and the amount the creditor may have obtained if the Buyer complied with California Bulk Sale Law.
While most states have repealed their bulk sales statutes, in some states across the U.S., such as California, Delaware, Illinois, New Jersey and Pennsylvania, the practice of bulk sales compliance remains alive and well.
At least twelve days before the closing date, buyers must file the Bulk Sales Notice with the associated County Recorder in which the assets are located and, if different, the Recorder with the county in which the Seller lives.
If the Buyer fails to comply with these terms, the sale proceeds as usual, but they assume responsibility for liability payments equal to the difference between the creditor's owed debts and the amount the creditor may have obtained if the Buyer complied with California Bulk Sale Law.
A bulk sale occurs when, outside the normal course of business, a business entity (seller or transferor) sells or transfers the major part of any of the following: • stock of goods that it is in the business of selling; or • furniture or fixtures, machinery and equipment, or real property of the business that is ...
The UCC defines a bulk sale as “a sale not in the ordinary course of the seller's business of more than half the seller's inventory . . . if . . . the buyer has notice, or after reasonable inquiry would have notice, that the seller will not continue to operate . . . business after the sale.
