A) A secured possessory interest.
B) A loaned money possessory interest.
C) A purchase-money security interest.
D) A purchase-cash consumer interest.
E) A perfected security interest.
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True/False
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Multiple Choice
A) 1 year
B) 2 years
C) 3 years
D) 4 years
E) 5 years
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True/False
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Multiple Choice
A) The tractor dealer prevailed because classification of collateral is determined as of the time of the creation of the security interest, and the consumers were bound by the representation on the security agreement that the tractor was to be used as consumer goods.
B) The tractor dealer prevailed because although representations made by the buyers on the security agreement were not controlling, the buyers were using the tractor as a consumer good at the time of default, the time at which classification of collateral is made in any dispute.
C) The bankruptcy trustee prevailed because the consumers made misrepresentations at the time of the sale as to the use of the tractor and wrongfully claimed that it was for consumer use when it was actually to be used as equipment in a business endeavor.
D) The bankruptcy trustee prevailed because although no misrepresentations were made at the time of the sale, the tractor was being used as equipment in a business endeavor at the time of default; and the time of default is the point at which issues involving use are determined.
E) The bankruptcy trustee prevailed because when at the time of default, collateral is used partly as a consumer good and partly as equipment in a business endeavor, the collateral loses its status as a consumer good.
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Multiple Choice
A) Tina was correct regardless of whether a vehicle or another type of good was involved.
B) Tina was correct, but only because a vehicle was involved.
C) Tina was incorrect, because only when a vehicle is involved, a party must disregard the collateral and proceed to judgment.
D) Tina was incorrect because regardless of whether a vehicle or another type of good was involved, Tina only had the right to ignore the collateral and proceed to judgment.
E) Tina was incorrect because regardless of whether a vehicle or another type of good was involved, Tina had the right to either take possession of the collateral or ignore rights in the collateral and proceed to judgment.
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Multiple Choice
A) Chattel paper.
B) Combined paper.
C) Transactional paper.
D) Monetary and secured paper.
E) Specific interest paper.
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Multiple Choice
A) Perfection
B) Filing
C) Noticing
D) Financing noticing
E) Arrangement
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Multiple Choice
A) A buyer in the typical course of business.
B) An approved buyer.
C) An approved buyer in the ordinary course of business.
D) A buyer in the ordinary course of business.
E) An exchanger in the typical course of business.
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Multiple Choice
A) The bank had priority because the computer was considered after-acquired property properly covered by the initial security interest.
B) XYZ Electronics had priority because XYZ Electronics had a purchase-money security interest in the computer.
C) XYZ Electronics had priority only if XYZ Electronics perfected its security interest within 10 days of the purchase.
D) XYZ Electronics had priority only if XYZ Electronics perfected its security interest within 20 days of the purchase.
E) The bank had a security interest in the computer because it perfected its security interest before XYZ Electronics did so.
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Multiple Choice
A) Collateral may include farm products.
B) Collateral may include goods such as equipment.
C) Collateral may include indispensable paper such as documents of title.
D) Collateral may include intangibles such as chattel paper.
E) Collateral may include proceeds.
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Multiple Choice
A) The UCC defines default as failure to make any payment when due.
B) The UCC defines default as failure to make a payment within 30 days after a payment is due.
C) The UCC defines default as failure to make a payment within 60 days after a payment is due.
D) The UCC defines default as failure to make a payment within 90 days after a payment is due.
E) The UCC does not define default.
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Multiple Choice
A) Post-dated property.
B) After-acquired property.
C) Proceeds.
D) Post-acquired property.
E) Subsequently acquired property.
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True/False
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Essay
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Multiple Choice
A) That showing that the sale grossed more than 50% of the vehicle's value established that the sale was commercially reasonable.
B) That good faith in selling the vehicle as a matter of law established commercial reasonableness.
C) That the secured party failed to prove that its sale of the vehicle conformed with established trade practices.
D) That there was no obligation on the seller to engage in a commercially reasonable sale because the plaintiff was in default.
E) That while not every aspect of the sale had to be commercially reasonable, the seller failed to show that sufficient advertisement of the sale was accomplished thereby rendering the sale itself commercially unreasonable.
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Multiple Choice
A) The court ruled in favor of the bankruptcy trustee on the basis that regardless of whether or not repairs were made, the right to claim the proceeds belonged to the debtor; and the trustee succeeded to the rights of the debtor.
B) The court ruled in favor of the bankruptcy trustee on the basis that because the debtor had already repaired the collateral, the trustee was entitled to the proceeds of the insurance policy.
C) The court ruled in favor of the bankruptcy trustee on the basis that the trustee made first claim to the insurance proceeds and already had the proceeds in possession when the creditor first claimed entitlement to them.
D) The court ruled that the creditor was entitled to the full insurance proceeds, without consideration of the amount of the debt, on the basis that it had a secured interest.
E) The court ruled that the creditor was entitled to the proceeds of the insurance policy up to the amount of the debt on the basis that it had a secured interest.
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Multiple Choice
A) A debtor.
B) A transaction party.
C) An approved party.
D) A secured party.
E) An attached party.
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Multiple Choice
A) ABC Electronics will prevail because, as a seller of consumer goods, it did not need a perfected security interest in order to prevail against other creditors.
B) ABC Electronics will prevail because it had a perfected security interest.
C) XYZ Credit will prevail because although ABC Electronics had a perfected security interest, it did not file a financing statement.
D) XYZ Credit will prevail because a luxury good was involved and, although ABC Electronics had a perfected security interest, it did not file a financing statement as required within 10 days of the sale.
E) XYZ Credit will prevail because it had a perfected security interest in a greater amount of goods than did ABC Electronics.
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Multiple Choice
A) If a debtor defaults on a loan, the secured party can take possession of the collateral so long as the debtor does not breach the peace.
B) Under the UCC, the secured party can sell, lease, or transfer the collateral in any commercially reasonable method.
C) Regardless of where the collateral is sold, the secured party must strive to receive the best price for the collateral.
D) Instead of disposing of the collateral, the secured party may choose to keep the collateral in full or partial satisfaction of the debt.
E) A debtor in default has no rights in regard to whether collateral is retained by the secured party or sold.
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