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Illinois Compiled Statutes

810 ILCS 5/9-301 (2026)

Law governing perfection and priority of security interests

✓ current as of May 2026
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(810 ILCS 5/9-301) (from Ch. 26, par. 9-301)
    Sec. 9-301. Law governing perfection and priority of security interests. Except as otherwise provided in Sections 9-303 through 9-306B, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:
        (1) Except as otherwise provided in this Section,
    
while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.
        (2) While collateral is located in a jurisdiction,
    
the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral.
        (3) Except as otherwise provided in paragraph (4),
    
while tangible negotiable documents, goods, instruments, or tangible money is located in a jurisdiction, the local law of that jurisdiction governs:
            (A) perfection of a security interest in the
        
goods by filing a fixture filing;
            (B) perfection of a security interest in timber
        
to be cut; and
            (C) the effect of perfection or nonperfection and
        
the priority of a nonpossessory security interest in the collateral.
        (4) The local law of the jurisdiction in which the
    
wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.
(Source: P.A. 103-1036, eff. 1-1-25.)

    
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1995–2024 · leading case: McRoberts v. Transouth Fin. (In Re Bell), 194 B.R. 192 (Bankr. S.D. Ill. 1996).
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McRoberts v. Transouth Fin. (In Re Bell), 194 B.R. 192 (Bankr. S.D. Ill. 1996). · cites it 2× “"Lien creditor” is defined under § 9-301 to include “a trustee in bankruptcy from the date of the filing of the petition_" 810 ILCS 5/9-301(3). 8 .Under § 1327(b), confirmation of a Chapter 13 plan vests all property of the estate in the debtor, “except as otherwise provided in…”
In the Matter Of: Lewis C. Leonard Debtor. Appeal Of: Robert Barker & Theodore Lieblich, 125 F.3d 543 (7th Cir. 1997). “This section, combined with § 9-301(3) of the UCC, 810 ILCS 5/9-301(3) (“A ‘lien creditor’ means a creditor who has acquired a lien on the property involved by attachment, levy or the like”), sets up a straightforward way for a judgment creditor to obtain priority in bankruptcy.”
Prior v. Farm Bureau Oil Co. (In Re Prior), 176 B.R. 485 (Bankr. S.D. Ill. 1995). “See 810 ILCS 5/9-301(1)(b); Farm Credit Bank of St.”
McRoberts v. WFS Fin., Inc. (In Re Church), 206 B.R. 180 (Bankr. S.D. Ill. 1997). · cites it 2× “” 810 ILCS 5/9-301(3). 4 . The result is the same under Missouri law.”
White v. Funeral Fin. Sys., Ltd, 2022 IL App (1st) 201385-U (Ill. App. Ct. 2022). “See 810 ILCS 5/9-301(3) (West 2000) (lien creditor is someone who has acquired a lien on the property involved by attachment, levy, or the like).”
Quigg v. Saleem, 2024 IL App (4th) 230703-U (Ill. App. Ct. 2024). “§§ 9-207 to 9-210, 9-601 to 9-628); and (4) the sale and disposition of collateral in satisfaction of a debt (id.”
In re Leonard, 124 F.3d 543 (7th Cir. 1997). “This section, combined with § 9-301(3) of the UCC, 810 ILCS 5/9-301(3) (“A ‘lien creditor’ means a creditor who has acquired a lien on the property involved by attachment, levy or the like”), sets up a straightforward way for a judgment creditor to obtain priority in bankruptcy.”
— 810 ILCS 5/9-301(1)(b) — 1 case
Prior v. Farm Bureau Oil Co. (In Re Prior), 176 B.R. 485 (Bankr. S.D. Ill. 1995). “See 810 ILCS 5/9-301(1)(b); Farm Credit Bank of St.”
— 810 ILCS 5/9-301(3) — 5 cases
In the Matter Of: Lewis C. Leonard Debtor. Appeal Of: Robert Barker & Theodore Lieblich, 125 F.3d 543 (7th Cir. 1997). “This section, combined with § 9-301(3) of the UCC, 810 ILCS 5/9-301(3) (“A ‘lien creditor’ means a creditor who has acquired a lien on the property involved by attachment, levy or the like”), sets up a straightforward way for a judgment creditor to obtain priority in bankruptcy.”
McRoberts v. Transouth Fin. (In Re Bell), 194 B.R. 192 (Bankr. S.D. Ill. 1996). “"Lien creditor” is defined under § 9-301 to include “a trustee in bankruptcy from the date of the filing of the petition_" 810 ILCS 5/9-301(3). 8 .Under § 1327(b), confirmation of a Chapter 13 plan vests all property of the estate in the debtor, “except as otherwise provided in…”
McRoberts v. WFS Fin., Inc. (In Re Church), 206 B.R. 180 (Bankr. S.D. Ill. 1997). “” 810 ILCS 5/9-301(3). 4 . The result is the same under Missouri law.”
White v. Funeral Fin. Sys., Ltd, 2022 IL App (1st) 201385-U (Ill. App. Ct. 2022). “See 810 ILCS 5/9-301(3) (West 2000) (lien creditor is someone who has acquired a lien on the property involved by attachment, levy, or the like).”
In re Leonard, 124 F.3d 543 (7th Cir. 1997). “This section, combined with § 9-301(3) of the UCC, 810 ILCS 5/9-301(3) (“A ‘lien creditor’ means a creditor who has acquired a lien on the property involved by attachment, levy or the like”), sets up a straightforward way for a judgment creditor to obtain priority in bankruptcy.”
— 810 ILCS 5/9-301(l)(b) — 2 cases
McRoberts v. Transouth Fin. (In Re Bell), 194 B.R. 192 (Bankr. S.D. Ill. 1996). “"Lien creditor” is defined under § 9-301 to include “a trustee in bankruptcy from the date of the filing of the petition_" 810 ILCS 5/9-301(3). 8 .Under § 1327(b), confirmation of a Chapter 13 plan vests all property of the estate in the debtor, “except as otherwise provided in…”
McRoberts v. WFS Fin., Inc. (In Re Church), 206 B.R. 180 (Bankr. S.D. Ill. 1997). “” 810 ILCS 5/9-301(3). 4 . The result is the same under Missouri law.”
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