USA SECURED TRANSACTIONS

LAW5UST

Not currently offered

Credit points: 15

Subject outline

USA Secured Transactions is the study of the use of personal property as collateral for a loan. The Article 9 of Uniform Commercial Code which is enacted in each of the United States forms the statutory base of this subject. The subject begins by examining the different types of transactions that fall within the scope of Article 9 followed by learning how to classify different types of personal property which is significant as the rules are significantly different based on the precise type of personal property the debtor uses as collateral. We will study how to create a security interest which is effective between the debtor and creditor (attachment) and then how to make the creditor's security interest stronger against competing claimants (perfection). Finally, we examine in detail how to resolve disputes between competing claimants to the collateral and the process by which a creditor may repossess the collateral from the debtor upon the debtor's default.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Gordon Walker

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 5 - Masters

Available as Elective: No

Learning Activities: N/A

Capstone subject: Yes

Subject particulars

Subject rules

Prerequisites: N/A

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

Intended Learning Outcomes

01. Be able to describe the different types of transactions that fall within the scope of Article 9 and how to classify different types of personal property.
02. Be able to identify the use of personal property collateral for a loan.
03. Distinguish how to resolve disputes between competing claimants.
Subject not currently offered - Subject options not available.