(810 ILCS 5/9-602) Sec. 9-602. Waiver and variance of rights and duties. Except as
otherwise provided in Section 9-624, to the extent that they give rights to a
debtor
or obligor and impose duties on a secured party, the debtor or obligor may not
waive or vary the rules stated in the following listed Sections: (1) Section 9-207(b)(4)(C), which deals with use and
operation of the collateral by the secured party;
(2) Section 9-210, which deals with requests for an
accounting and requests concerning a list of collateral and statement of account;
(3) Section 9-607(c), which deals with collection and
enforcement of collateral;
(4) Sections 9-608(a) and 9-615(c) to the extent that
they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) Sections 9-608(a) and 9-615(d) to the extent that
they require accounting for or payment of surplus proceeds of collateral;
(6) Section 9-609 to the extent that it imposes upon
a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;
(7) Sections 9-610(b), 9-611, 9-613, and 9-614, which
deal with disposition of collateral;
(8) Section 9-615(f), which deals with calculation of
a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;
(9) Section 9-616, which deals with explanation of
the calculation of a surplus or deficiency;
(10) Sections 9-620, 9-621, and 9-622, which deal
with acceptance of collateral in satisfaction of obligation;
(11) Section 9-623, which deals with redemption of
collateral;
(12) Section 9-624, which deals with permissible
waivers; and
(13) Sections 9-625 and 9-626, which deal with the
secured party's liability for failure to comply with this Article.
(Source: P.A. 91-893, eff. 7-1-01.)
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2026–2026 · leading case: Bouie (N.D. Ill. 2026).
Bouie (N.D. Ill. 2026). “Plaintiff additionally argues Defendants’ assertion that the “police presence ‘preserved the peace’” is not in keeping with 810 ILCS 5/9-602(6), “which prohibits any coercion, intimidation, or overcoming of the debtor’s objection,” without citing any specific subsection of the…”
— 810 ILCS 5/9-602(6) — 1 case
Bouie (N.D. Ill. 2026). “Plaintiff additionally argues Defendants’ assertion that the “police presence ‘preserved the peace’” is not in keeping with 810 ILCS 5/9-602(6), “which prohibits any coercion, intimidation, or overcoming of the debtor’s objection,” without citing any specific subsection of the…”
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