Illinois Compiled Statutes
810 ILCS 5/9-315 (2026)
Secured party's rights on disposition of collateral and in proceeds
✓ current as of May 2026
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(810 ILCS 5/9-315)
(from Ch. 26, par. 9-315)
Sec. 9-315.
Secured party's rights on disposition of collateral and in
proceeds.
(a) Disposition of collateral: continuation of security interest or
agricultural lien; proceeds. Except as otherwise provided in this Article and
in
Section 2-403(2):
(1) a security interest or agricultural lien | continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and |
(2) a security interest attaches to any identifiable | proceeds of collateral. |
(b) When commingled proceeds identifiable. Proceeds that are
commingled with other property are identifiable proceeds:
(1) if the proceeds are goods, to the extent provided | by Section 9-336; and |
(2) if the proceeds are not goods, to the extent that | the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this Article with respect to commingled property of the type involved. |
(c) Perfection of security interest in proceeds. A security interest
in proceeds is a perfected security interest if the security interest in the original
collateral was perfected.
(d) Continuation of perfection. A perfected security interest in
proceeds becomes unperfected on the 21st day after the security interest attaches to
the proceeds unless:
(1) the following conditions are satisfied:
(A) a filed financing statement covers the | original collateral; |
(B) the proceeds are collateral in which a | security interest may be perfected by filing in the office in which the financing statement has been filed; and |
(C) the proceeds are not acquired with cash | proceeds; |
(2) the proceeds are identifiable cash proceeds; or
(3) the security interest in the proceeds is | perfected other than under subsection (c) when the security interest attaches to the proceeds or within 20 days thereafter. |
(e) When perfected security interest in proceeds becomes
unperfected. If a filed financing statement covers the original collateral, a
security
interest in proceeds which remains perfected under subsection (d)(1) becomes
unperfected at the later of:
(1) when the effectiveness of the filed financing | statement lapses under Section 9-515 or is terminated under Section 9-513; or |
(2) the 21st day after the security interest attaches | to the proceeds. |
(Source: P.A. 91-893, eff. 7-1-01.)
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2018–2022 · leading case: In re Hill, 585 B.R. 520 (Bankr. N.D. Ill. 2018).
In re Hill, 585 B.R. 520 (Bankr. N.D. Ill. 2018). “Neither party has identified any such proceeds (insurance payments or otherwise), so it appears that Greater Chicago's security interest did not continue to attach to anything at all, rendering it a general unsecured creditor.”
McGrath v. Addy & McGrath Fireworks, Inc., 2022 IL App (3d) 210013 (Ill. App. Ct. 2022). “810 ILCS 5/9-315(c) (West 2020); Midwest Decks, Inc.”
Brooks v. Strategic Funding Source, Inc. (Bankr. C.D. Ill. 2020). “” 810 ILCS 5/9-315, UCC Comment 2. The lack of a written consent is not conclusive, however, as a creditor’s authorization may be expressed verbally or may be implied from its actions or course of dealing.”
810 ILCS 5/9-315(a)(2): 1 case
In re Hill, 585 B.R. 520 (Bankr. N.D. Ill. 2018). “Neither party has identified any such proceeds (insurance payments or otherwise), so it appears that Greater Chicago's security interest did not continue to attach to anything at all, rendering it a general unsecured creditor.”
810 ILCS 5/9-315(c): 1 case
McGrath v. Addy & McGrath Fireworks, Inc., 2022 IL App (3d) 210013 (Ill. App. Ct. 2022). “810 ILCS 5/9-315(c) (West 2020); Midwest Decks, Inc.”
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