Colorado Revised Statutes
Colo. Rev. Stat. § 4-9-402 (2024)
Secured party not obligated on contract of debtor or in tort
✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor's acts or omissions.
Source: L. 2001: Entire article R&RE, p. 1371, § 1, effective July 1.
Editor's note: This section is similar to former § 4-9-317 as it existed prior to 2001.
Notes of Decisions
Cited in 7
cases, 1980–1990 · leading case: Moffat Cnty. State Bank v. Producers Livestock Mktg. Ass'n, 598 F. Supp. 1562 (D. Colo. 1984).
Moffat Cnty. State Bank v. Producers Livestock Mktg. Ass'n, 598 F. Supp. 1562 (D. Colo. 1984). “§ 9-402 (Colo.Rev.Stat. § 4-9-402) to cover natural increases and other additions even in the absence of a specific indication on the financing statement.”
Platte Valley Bank of Brighton v. B & J Constr., Inc., 606 P.2d 455 (Colo. Ct. App. 1980). “The first issue on appeal is whether the description of collateral in the prior financing statement granted to Ft. Lupton was sufficient under the Uniform Commercial Code.”
Brown v. Boulder Servs., Inc. (In Re Brown), 68 B.R. 670 (D. Colo. 1986). “2d 697 (1977); Colo. Rev.Stat. § 4-9-402(8) (Cumm Supp.1986).”
Super 8 Motels, Inc. v. M. Vickers, Ltd. (In Re M. Vickers, Ltd.), 111 B.R. 332 (D. Colo. 1990). “Likewise, the description of Super 8’s security interest as “contract rights, accounts receivable and bank accounts” was sufficiently specific to give notice to other creditors of its interest.”
Alling v. Am. Tool & Grinding Co., 648 F. Supp. 1344 (D. Colo. 1986). “§ 4-9-402 provides: A financing statement is sufficient if it gives the names of the debtor and the secured party, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of…”
Heinrichsdorff v. Raat, 655 P.2d 860 (Colo. Ct. App. 1982). “There is no dispute that the Bank properly perfected its security interest pursuant to § 4-9-402, C.R.S.1973. However, § 4-9-402, C.”
NCR Corp. v. Robert A. McNeil Corp., 746 P.2d 1361 (Colo. Ct. App. 1987). “Section 4-9-402(1), C.R.S. (1986 Cum. Supp.”
Colo. Rev. Stat. § 4-9-402(1): 4 cases
Platte Valley Bank of Brighton v. B & J Constr., Inc., 606 P.2d 455 (Colo. Ct. App. 1980). “The first issue on appeal is whether the description of collateral in the prior financing statement granted to Ft. Lupton was sufficient under the Uniform Commercial Code.”
Moffat Cnty. State Bank v. Producers Livestock Mktg. Ass'n, 598 F. Supp. 1562 (D. Colo. 1984). “§ 9-402 (Colo.Rev.Stat. § 4-9-402) to cover natural increases and other additions even in the absence of a specific indication on the financing statement.”
Super 8 Motels, Inc. v. M. Vickers, Ltd. (In Re M. Vickers, Ltd.), 111 B.R. 332 (D. Colo. 1990). “Likewise, the description of Super 8’s security interest as “contract rights, accounts receivable and bank accounts” was sufficiently specific to give notice to other creditors of its interest.”
NCR Corp. v. Robert A. McNeil Corp., 746 P.2d 1361 (Colo. Ct. App. 1987). “Section 4-9-402(1), C.R.S. (1986 Cum. Supp.”
Colo. Rev. Stat. § 4-9-402(8): 2 cases
Moffat Cnty. State Bank v. Producers Livestock Mktg. Ass'n, 598 F. Supp. 1562 (D. Colo. 1984). “§ 9-402 (Colo.Rev.Stat. § 4-9-402) to cover natural increases and other additions even in the absence of a specific indication on the financing statement.”
Brown v. Boulder Servs., Inc. (In Re Brown), 68 B.R. 670 (D. Colo. 1986). “2d 697 (1977); Colo. Rev.Stat. § 4-9-402(8) (Cumm Supp.1986).”
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