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2018 Georgia Code 11-9-401 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-9-401 Case Law from Google Scholar Amendments to OCGA 11-9-401

TITLE 11 COMMERCIAL CODE

Section 9. Secured Transactions, 11-9-101 through 11-9-809.

ARTICLE 9 SECURED TRANSACTIONS

PART 4 RIGHTS OF BANK

11-9-401. Alienability of debtor's rights.

  1. 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.
  2. 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.

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

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.) § 9-401.

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.

Cases Citing O.C.G.A. § 11-9-401

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Trust Co. Bank v. Georgia Superior Court Clerks' Coop. Auth., 456 S.E.2d 571 (Ga. 1995).

Cited 9 times | Published | Supreme Court of Georgia | May 8, 1995 | 265 Ga. 390, 95 Fulton County D. Rep. 1615, 26 U.C.C. Rep. Serv. 2d (West) 932

...The Georgia General Assembly in 1993 and 1994 amended the Georgia Uniform Commercial Code to provide for the filing of financing statements in any county of the state to perfect a security interest in most types of personal property collateral. See OCGA § 11-9-401(1) (1994)....