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General Motors Commercial Bankruptcy UCC Termination Statement

Dorsey & Whitney LLP

Second Circuit Rules Unintended UCC Termination Statement Was Authorized

Dorsey & Whitney LLP on

When terminating a financing statement, it is necessary to be certain that other financing statements are not unintentionally released, according to an opinion last week of the Second Circuit Court of Appeals. The effect of...more

Winthrop & Weinstine, P.A.

Erroneous UCC-3 Termination Leads to Disastrous Consequences

In a recent decision, a U.S. Court of Appeals held that the filing of a UCC-3 termination statement in a relatively simple payoff transaction between General Motors and a lender was still considered "authorized," despite the...more

King & Spalding

Second Circuit: A Mistakenly Authorized UCC Termination Statement Is Effective to Terminate Original UCC Filing

King & Spalding on

On January 21, 2015, the United States Court of Appeals for the Second Circuit entered an opinion holding that an authorized UCC-3 termination statement is effective, for purposes of Delaware’s Uniform Commercial Code (the...more

Blank Rome LLP

Mistakes and Regrets: UCC Filing Error Terminates Security Interest

Blank Rome LLP on

Action Item: When a secured loan is being paid off, lenders routinely authorize the borrower’s counsel to prepare and file UCC termination statements releasing the lender’s security interest in the borrower’s property. ...more

Foley & Lardner LLP

Mistakenly Filed UCC Termination Statement Results in Lender’s $1.5 Billion GM Bankruptcy Unsecured Loan

Foley & Lardner LLP on

On October 20, 2014, we issued a Legal News Alert commenting on a decision of the Delaware Supreme Court, on certification from the Second Circuit, regarding the effect of a mistaken UCC-3 termination statement. The Delaware...more

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