However, anti-assignment override of UCC §9-406(d) would apply if accounts had been sold to third-party purchaser rather than assigned for collection. Sales of Receivables/Factoring In re Qualia Clinical Serv., Inc., 441 B.R. 325 (B.A.P. 8th Cir. 2011). Court held that receivables purchase
Security Interests in Proceeds of Collateral
automatically pursuant to UCC § 9‐ 315(a)(2) only if there is a properly perfected security interest in the original personal property. UCC anti‐ assignment override provisions do not override all anti‐assignment provisions. A statute or regulation of the United States preempts the UCC.
Report of the Permanent Editorial Board for the Uniform
UCC §§ 9-406 and 9-408 that generally exclude interests in partnerships and limited liability companies from the anti-assignment overrides of those sections. In states that adopt those amendments, in circum-stances where that state’s version of these sections applies, the analysis in this Commentary would not be
COMMENTS
However, anti-assignment override of UCC §9-406(d) would apply if accounts had been sold to third-party purchaser rather than assigned for collection. Sales of Receivables/Factoring In re Qualia Clinical Serv., Inc., 441 B.R. 325 (B.A.P. 8th Cir. 2011). Court held that receivables purchase
automatically pursuant to UCC § 9‐ 315(a)(2) only if there is a properly perfected security interest in the original personal property. UCC anti‐ assignment override provisions do not override all anti‐assignment provisions. A statute or regulation of the United States preempts the UCC.
UCC §§ 9-406 and 9-408 that generally exclude interests in partnerships and limited liability companies from the anti-assignment overrides of those sections. In states that adopt those amendments, in circum-stances where that state’s version of these sections applies, the analysis in this Commentary would not be