O.C.G.A.
O.C.G.A.

O.C.G.A. § 11-9-401 (2019)

Alienability of debtor’s rights

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) of this Code section and Code Sections 11-9-406, 11-9-407, 11-9-408, and 11-9-409, whether a debtor’s rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article. (b) Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a transfer of the debtor’s rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.

History

Code 1981, § 11-9-401, enacted by Ga. L. 2001, p. 362, § 1.

Annotations

Law reviews. For note discussing procedures required

to effect a levy of execution, see 12 Ga. L. Rev. 814 (1978).

RESEARCH REFERENCES Am. Jur. 2d. 68A Am. Jur. 2d, Secured Transactions, §§ 121, 122, 269, 510, 550, 553. C.J.S. 72 C.J.S., Pledges, § 43. U.L.A. Uniform Commercial Code (U.L.A.) § 9401. ALR. Rights of pledgor of collateral note as

affected by its transfer by the pledgee to the maker, 99 A.L.R. 26. Uniform Commercial Code: Burden of proof as to commercially reasonable disposition of collateral, 59 A.L.R.3d 369. Construction and effect of UCC § 9-311 giving debtor right to transfer his interest in collateral, 45 A.L.R.4th 411.

Notes of Decisions
Cited in 10 cases, 1984–1995 · leading case: Tidwell v. Bethlehem Steel Corp. (In Re Georgia Steel, Inc.), 56 B.R. 509 (Bankr. M.D. Ga. 1985).
Sort: Relevance Newest Treatment
Tidwell v. Bethlehem Steel Corp. (In Re Georgia Steel, Inc.), 56 B.R. 509 (Bankr. M.D. Ga. 1985). · cites it 4× “See O.C.G.A. § 11-9-401 (Michie 1982). See also, Food Serv.”
In Re Miller, 98 B.R. 110 (Bankr. N.D. Ga. 1989). · cites it 3× “OCGA § 11-9-401 creates special rules as to fixture filings and filings that include crops as collateral.”
Bartolan, Inc. v. Columbian Peanut Co., Inc., 727 F. Supp. 1444 (M.D. Ga. 1989). · cites it 10× “The law applicable to the filing of plaintiffs’ financing statements is O.C.G.A. § 11-9-401(1) (1982) which reads as follows: “The proper place to file in order to perfect a security interest .”
Trust Co. Bank v. Georgia Superior Court Clerks' Coop. Auth., 456 S.E.2d 571 (Ga. 1995). · cites it 2× “See OCGA § 11-9-401 (1) (1994). The legislation also established a central indexing system for all financing statements.”
Intertrust Corp. v. Fischer Imaging Corp., 403 S.E.2d 94 (Ga. Ct. App. 1991). · cites it 2× “See OCGA § 11-9-401 (1) (b); In the Matter of Carmichael Enterprises, 334 FSupp.”
Worth v. State, 346 S.E.2d 82 (Ga. Ct. App. 1986). · cites it 2× “See OCGA § 11-9-401 (1) (b). Although there was evidence that the Bank knew that appellant would have occasion to use the machinery in other counties, the evidence also showed that appellant had not secured the written consent of the Bank to keep *209 the machinery at any…”
Matter of Lawrence, 82 B.R. 157 (Bankr. M.D. Ga. 1988). · cites it 2× “[13] O.C.G.A. § 11-9-401(1)(b) (1982). [14] Id.”
Gen. Elec. Credit Corp. v. Smith, 360 S.E.2d 443 (Ga. Ct. App. 1987). · cites it 2× “On March 1, 1977, GECC filed a “Financing Statement,” pursuant to OCGA § 11-9-401 et seq., listing the items pledged by GAC as collateral.”
State v. Mozley, 318 S.E.2d 647 (Ga. Ct. App. 1984). · cites it 2× “See OCGA § 11-9-401 (Code Ann. § 109A-9—401).”
Goodin v. South Atl. Prod. Credit Ass'n, 410 S.E.2d 159 (Ga. Ct. App. 1991). · cites it 2× “OCGA § 11-9-310 (2) provides: “A mechanics’ lien on farm machinery or equipment arising on or after July 1, 1985, shall have priority over any perfected security interest in such farm machinery or equipment unless a financing statement has been filed as provided in Code Section…”
— 11-9-401(1) — 1 case
Bartolan, Inc. v. Columbian Peanut Co., Inc., 727 F. Supp. 1444 (M.D. Ga. 1989). “The law applicable to the filing of plaintiffs’ financing statements is O.C.G.A. § 11-9-401(1) (1982) which reads as follows: “The proper place to file in order to perfect a security interest .”
— 11-9-401(1)(b) — 1 case
Matter of Lawrence, 82 B.R. 157 (Bankr. M.D. Ga. 1988). “[13] O.C.G.A. § 11-9-401(1)(b) (1982). [14] Id.”
— 11-9-401(3) — 1 case
Bartolan, Inc. v. Columbian Peanut Co., Inc., 727 F. Supp. 1444 (M.D. Ga. 1989). “The law applicable to the filing of plaintiffs’ financing statements is O.C.G.A. § 11-9-401(1) (1982) which reads as follows: “The proper place to file in order to perfect a security interest .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.