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.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorGordon Walker

Available to Study Abroad/Exchange StudentsYes

Subject year levelYear Level 5 - Masters

Available as ElectiveNo

Learning ActivitiesN/A

Capstone subjectYes

Subject particulars

Subject rules

PrerequisitesN/A

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/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 options

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Subject not currently offered - Subject options not available.