Utah Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness

State:
Multi-State
Control #:
US-00769BG
Format:
Word; 
Rich Text
Instant download

Description

This form deals with a situation where a Lender and Debtor have previously entered into a Promissory Note and Security Agreement and the Debtor has defaulted under the Note and Security Agreement for failure to make timely payments. Pursuant to this Agreement, Lender has agreed to forbear for a limited time from immediately enforcing its rights against the Collateral to permit the Debtor a short period of time to repay the debt and liquidate the Collateral.
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  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
  • Preview Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness

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FAQ

A security agreement must contain a description of the collateral that reasonably identifies it. "all the debtor's assets" does not reasonably identifies the collateral. A creditor who has a security interest in the debtor's collateral is a secured party.

Ing to UCC Section 9-504, a financ- ing statement ?sufficiently indicates the collateral that it covers? if the financing statement provides (1) a description of the collateral pursuant to UCC Section 9-108, or (2) a generic description of all assets or all personal property of the debtor if the description of ...

It does not matter whether the agreement is between individuals or companies. A security agreement must contain a description of the collateral that reasonably identifies it; "all the debtor's assets" does not reasonably identify the collateral.

It follows the proposal-and-objection model found in former Section 9-505: The debtor consents if the secured party sends a proposal to the debtor and does not receive an objection within 20 days.

At a minimum, a valid security agreement consists of a description of the collateral, a statement of the intention of providing security interest, and signatures from all parties involved. Most security agreements, however, go beyond these basic requirements.

Collateral can include business-related items such as inventory, business furniture, accounts receivable, or some business savings accounts. If a borrower defaults, the security agreement allows the lender to collect the borrower's collateral and either sell it or hold onto it until the loan is repaid.

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Utah Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness