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Kansas Statutes Annotated

K.S.A. § 84-9-101 (2026)

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84-9-101. Short title. This article may be cited as uniform commercial code-secured transactions.

History: L. 2000, ch. 142, § 1; July 1, 2001.

KANSAS COMMENT, 1996

The Kansas Comments 1996 to Article 9 include a discussion of the more significant cases which have been decided in Kansas since the Kansas Comment 1983. The Official UCC Comments and the Kansas Comments 1965 have references to preexisting statutory and case law, as do the Official UCC and Kansas Comments 1983 for significant statutory and case law developments to that date. These comments will attempt to amplify the Official UCC Comments and to identify those holdings where there are significant differences in interpretation of the law. In addition, these Comments will indicate where Article 9 is modified by other laws, such as the Kansas Consumer Credit Code (K.S.A. 16a-1-101 et seq.).

General reference works on Article 9 include Clark, The Law of Secured Transactions Under the Uniform Commercial Code (1980, supplemented semi-annually) and White and Summers, Uniform Commercial Code, Practition Treatise Series, 4 Vols, (4th ed. 1995). A portion of the Kansas Comments 1983 to Article 9 is adapted from case analysis originally appearing in The Law of Secured Transactions under the Uniform Commercial Code © 1980 by Warren, Gorham & Lamont Inc. and the 1982 Cumulative Supplement No. 2 © 1982. Adapted with permission. All rights reserved.

Revisor's Note:

Former section 84-9-101 was repealed by L. 2000, ch. 142, § 155 and the number reassigned to the current text.

Law Review and Bar Journal References:

"To Be (Transformed) or Not to Be: The Transformation Versus Dual-Status Rules for Purchase-Money Security Interest Under Kansas' Former and Revised Article 9," Christopher Harry, 50 K.L.R. 1095 (2002).

Attorney General's Opinions:

Record of mortgage can be filed as a financing statement covering fixtures with the register of deeds in the county where the collateral is located if such record complies with the fixture filing requirements without using a UCC-1 form. 2009-19.

CASE ANNOTATIONS

1. Referred to; bankruptcy proceedings; secured note past due transferred; holder's claim not secured. E. F. Corporation v. Smith, 491 F.2d 826.

2. Where lease agreements were intended to create security interests under K.S.A. 84-1-201(37)(b), provisions of Article 9 of UCC applicable. CIT Financial Services, Inc. v. Gott, 5 Kan. App. 2d 224, 229, 231, 615 P.2d 774.

3. Lease of truck to debtor was true lease and not meant to be security; under facts, lessor could reclaim. In Re Intern. Plastics, Inc., 18 B.R. 583, 584 (1982).

4. Patent and trademark office filing system entirely preempts UCC with respect to patent assignments. In re Otto Fabric, Inc., 55 B.R. 654, 657 (1985).

5. Cited; code provisions to be construed to promote underlying purposes noted. Maxl Sales Co. v. Critiques, Inc., 796 F.2d 1293, 1296, 1297, 62 B.R. [168] [171] (1986).

6. Cited; action for failing to disclose existence of prior security interest, statute of limitations examined. Borg Warner Acceptance Corp. v. Kansas Secretary of State, 240 Kan. 598, 599, 731 P.2d 301 (1987).

7. Cited; preemption of state law governing secured transactions by federal statutes examined. Rural Gas, Inc. v. North Central Kan. Prod. Cred. Corp., 243 Kan. 109, 755 P.2d 529 (1988).

8. Federal filing as not required to perfect security interest in patents against trustee in bankruptcy examined. City Bank and Trust Co. v. Otto Fabric, Inc., 83 B.R. 780, 783 (1988).

9. Resolution of priority dispute between holders of nonpossessory statutory liens and security interest not governed by Article 9. National Supply Co. v. Case Oil & Gas, Inc., 13 Kan. App. 2d 430, 431, 772 P.2d 1255 (1989).

10. Agreement between small business association borrower and tractor seller was contract for sale/security agreement subject to UCC under facts stated. U.S. v. Ables, 739 F. Supp. 1439, 1445 (1990).

11. Statute applies to any transaction, regardless of the transaction's form, that creates a security interest in personal property or fixtures by contract. Born v. Born, 304 Kan. 542, 555, 374 P.3d 624 (2016).


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Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1974–2023 · leading case: Born v. Born, 374 P.3d 624 (Kan. 2016).
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Born v. Born, 374 P.3d 624 (Kan. 2016). “Those issues were intertwined by the Court of Appeals when it determined that Kansas’ version of the Uniform Commercial Code, K.S.A. 84-9-101 et seq., applied to the transactions involved in this case; that Sharon’s sole default remedy under the written agreements was to accept…”
Morris v. U.S. Bancorp Leasing & Fin. (In Re Charles), 278 B.R. 216 (Bankr. D. Kan. 2002). · cites it 2× “Because Charles' case was filed before July 1, 2001, the "old” Article Nine of the Kansas Uniform Commercial Code, Kan. Stat. Ann. § 84-9-101 , etseq. (2000 Supp.”
In Re Rowe, 342 B.R. 341 (Bankr. D. Kan. 2006). “K.S.A.2005 Supp. 84-9-101, et seq. 28 . K.”
Morris v. Ark Valley Credit Union, 536 B.R. 887 (D. Kan. 2015). · cites it 4× “The Kansas Uniform Commercial Code, K.S.A. §§ 84-9-101 to 84-9-809, governs the security interest in question because the manufactured home is personal property.”
Pankratz Implement Co. v. Citizens Nat'l Bank, 130 P.3d 57 (Kan. 2006). “The district court determined in accordance with recently enacted amendments to Article 9 of the Kansas Uniform Commercial Code (UCC) effective July 1, 2001, K.S.A. 2003 Supp. 84-9-101 et seq., that Pankratz was entitled to summary judgment because use of the debtor’s incorrect…”
Stanley Bank v. Par., 317 P.3d 750 (Kan. 2014). “We conclude the Court of Appeals panel correctly considered and applied perfection and priority rules under the Uniform Commercial Code (UCC), K.S.A. 84-9-101 et seq., to conclude the purchaser did not take free and clear of the bank’s security interest.”
Morris v. Intrust Bank, N.A. (In Re Anderson), 351 B.R. 752 (Bankr. D. Kan. 2006). · cites it 2× “See Kansas Uniform Commercial Code, Kan. Stat. Ann. § 84-9-101 etseq. (2003 Supp.”
CIT Fin. Servs., Inc. v. Gott, 615 P.2d 774 (Kan. Ct. App. 1980). “” From this record, we conclude that, as between CIT and the various defendants, the transactions represented by their lease agreements were intended to create a security interest as defined by K.”
Stanley Bank v. Par., 264 P.3d 491 (Kan. Ct. App. 2011). “84-1-201(35). The personal property subject to the security interest is commonly referred to as collateral.”
Balcor Pension Investors v v. Wiston XXIV Ltd. (In Re Wiston XXIV Ltd.), 147 B.R. 575 (D. Kan. 1992). “Balcor’s claimed security interest in the rents is not subject to K.S.A. 84-9-101 et seq., the Kansas version of Article 9 of the Uniform Commercial Code.”
Clark v. Deere & Co. (In Re Kinderknecht), 308 B.R. 71 (10th Cir. BAP 2004). “Kan. Stat. Ann. § 84-9-101 , Official UCC Comment 4.”
Com. Bank, N.A. v. Chrysler Realty Corp., 76 F. Supp. 2d 1113 (D. Kan. 1999). · cites it 2× “See K.S.A. § 84-9-101 et seq. The broad issue is whether the bank had a perfected security interest which takes priority over the Chrysler rights in the factory receivables.”
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