Current through 2024 Act No. 225.
Section 36-9-205 - Use or disposition of collateral permissible(a) A security interest is not invalid or fraudulent against creditors solely because:(1) the debtor has the right or ability to:(A) use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;(B) collect, compromise, enforce, or otherwise deal with collateral;(C) accept the return of collateral or make repossessions; or(D) use, commingle, or dispose of proceeds; or(2) the secured party fails to require the debtor to account for proceeds or replace collateral.(b) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.67, Section 12; 2001 Act No; 1988 Act No. 494, Section 5; 1966 (54) 2716; 1962 Code Section 10.9-205.