CopyPublished | United States Bankruptcy Court, M.D. Florida | 58 U.C.C. Rep. Serv. 2d (West) 647, 2005 Bankr. LEXIS 1730, 45 Bankr. Ct. Dec. (CRR) 99
...a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free and clear of a security interest created by the buyer's seller, even if the security interest is perfected and the buyer knows of its existence." FLA. STAT. ANN. § 679.320(1) (West 2004)....
...uyer in the ordinary course of business. Id. A buyer in the ordinary course of business takes free of a security interest created by the buyer's seller, even if the security interest is perfected and the buyer knows of its existence. FLA. STAT. ANN. § 679.320(1) (West 2004)....
...of the Boat. SunTrust's acquiescence constitutes an entrusting of the Boat to the Debtor within the meaning of §
672.403(2) of the Florida Uniform Commercial Code. Koetter received the Boat free and clear of SunTrust's security interest pursuant to §
679.320(1) of the Florida Uniform Commercial Code....
CopyPublished | Florida 4th District Court of Appeal | 92 U.C.C. Rep. Serv. 2d (West) 336, 2017 WL 1175879, 2017 Fla. App. LEXIS 4194
...t Element was required to perfect its lien in Florida within four months of the guarantor moving to this state. Next, the court concluded that the appellees were buyers in the ordinary course of business and, pursuant to the Uniform Commercial Code, section 679.320(1), Florida Statutes (2014), entitled to title free of the pre-existing security interest....
...Therefore, Element was not required to perfect its security interest within four months of the guarantor moving to Florida; rather, it was required to perfect its security interest in Florida within one year of the goods being moved into Florida. See §
679.3161(1)(c), Fla. Stat. (2014). Second, section
679.320(1) allows a buyer to take goods purchased in the ordinary course of business free of a security interest “created by the buyer’s seller.” §
679.320(1), Fla....
...Element appeals, II. Analysis We address two issues in this appeal. First, we determine whether a guarantor is a “debtor” for purposes of section
679.3161(1)(b), Florida Statutes (2014). Second, we decide whether the appellees satisfied the requirements of section
679.320(1), in order to take the Bobcats free and clear of Element’s perfected security interest....
...The exception applied by the court in this case states that “a buyer in ordinary course of business ... takes free of a security interest created by the buyer’s seller, even if the security interest is perfected and the buyer knows of its existence.” § 679.320(1), Fla....
...Jones defaulted, Rao Bank sought to recover the vehicle from Mr. Szot. Even though Mr. Szot was a good faith purchaser who made a purchase in the ordinary course of business, the security interest was not created by his seller. Therefore, he did not qualify for the protection of section 679.320(1), and his interest in the vehicle was subordinate to that of Rao Bank....
...Conclusion Pursuant to section
679.3161(1)(c), Florida Statutes (2014), Element’s security interest remained perfected for one-year after the secured goods were moved into Florida. Further, the appellees did not take the goods free of Empire’s perfected security interest. Section
679.320(1), Florida Statutes (2014), allows a buyer in the ordinary course of business to take the goods free of a security interest created by *1258 the buyer’s seller....
