Article 9 of the Uniform Commercial Code (UCC) provides a framework for securing and collecting commercial debts. This code governs security interests in personal property, which includes tangible and intangible assets and collateral such as equipment, inventory, accounts receivables, and intellectual property.
To use Article 9 to collect secured commercial accounts receivables, a creditor must first establish a security interest in the collateral or accounts receivables. Once a security interest has been established, the creditor has the right to take control of the collateral or accounts receivables in the event of default by the debtor. This process is known as perfection of the security interest. Perfecting a security interest often includes filing a UCC-1 financing statement, depending on the type of collateral. Once the security interest has been perfected, the creditor has several options for collecting.
Regarding tangible collateral, the creditor has the right to take possession of and sell the collateral in the event of default by the debtor. This process is known as repossession and foreclosure. The creditor must follow the procedures set forth in Article 9 for repossession and foreclosure, which typically involve providing notice to the debtor and any other parties with an interest in the collateral. If the creditor sells the collateral, the proceeds are used to pay off the debt owed to the creditor, with any remaining funds returned to the debtor. If the proceeds from the sale are not enough to pay off the debt, the creditor may be able to seek a deficiency judgment against the debtor for the remaining balance.
Overall, Article 9 of the UCC provides a powerful tool for creditors to collect secured commercial debts by establishing and enforcing security interests in property. However, it is important to follow the proper procedures and comply with all legal requirements to ensure that the creditor's rights are protected.