Current through the 2024 Regular Session
Section 28-9-205 - 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.[28-9-205, added 2001, ch. 208, sec. 2, p. 724.]