Ky. Rev. Stat. » Chapter 355
Kentucky Revised Statutes

Ky. Rev. Stat. § 355.9-322 (2026)

Priorities among conflicting security interests in and agricultural liens

✓ current as of May 2026
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on same collateral.

(1) Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:

(a) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection.

(b) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien.

(c) The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.

(2) For the purposes of subsection (1)(a) of this section:

(a) The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and

(b) The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.

(3) Except as otherwise provided in subsection (6) of this section, a security interest in collateral which qualifies for priority over a conflicting security interest under KRS 355.9-327, 355.9-328, 355.9-329, 355.9-330, or 355.9-331 also has priority over a conflicting security interest in:

(a) Any supporting obligation for the collateral; and

(b) Proceeds of the collateral if:

1. The security interest in proceeds is perfected;

2. The proceeds are cash proceeds or of the same type as the collateral; and

3. In the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.

(4) Subject to subsection (5) of this section and except as otherwise provided in subsection (6) of this section, if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter-of-credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing.

(5) Subsection (4) of this section applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter-of-credit rights.

(6) Subsections (1) to (5) of this section are subject to:

(a) Subsection (7) of this section and the other provisions of this part of this article;

(b) KRS 355.4-210 with respect to a security interest of a collecting bank;

(c) KRS 355.5-118 with respect to a security interest of an issuer or nominated person; and

(d) KRS 355.9-110 with respect to a security interest arising under Article 2 or 2A of this chapter.

(7) A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides. Effective: July 1, 2001 History: Repealed and reenacted 2001 Ky. Acts ch. 119, sec. 9, effective July 1, 2001. - - Created 2000 Ky. Acts ch. 408, sec. 62, effective July 1, 2001.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2014–2022 · leading case: Delphi Auto. Sys., LLC v. Capital Cmty. Econ./Indus. Dev. Corp., 434 S.W.3d 481 (Ky. 2014).
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Delphi Auto. Sys., LLC v. Capital Cmty. Econ./Indus. Dev. Corp., 434 S.W.3d 481 (Ky. 2014). “The parties do not dispute these facts nor do they dispute that under KRS 355.9-322(Z )(b) a perfected security interest takes priority over an unperfected interest.”
Nutrien Ag Solutions, Inc., Successor to Sec. v. Duvall (Bankr. W.D. Ky. 2021). · cites it 17× “KRS 355.9-322(1)(a). f. As between SCB, a secured, unperfected creditor (as to Josh’s interest)–– and Simplot, Simplot’s interest has priority.”
Versailles Farm, Home & Garden, LLC v. Harvey Haynes (Ky. 2022). “16 The first-to-file rule is now codified at KRS 355.9-322. 15 upon and whether or not a charge-back is provided for in the event of difficulties in collection; (2) as security for, or in total or partial satisfaction of, a preexisting claim[.”
Nutrien Ag Solutions, Inc., Successor to Sec. v. Duvall (Bankr. W.D. Ky. 2021). “KRS 355.9-322(a)(1). C. Deere’s Security Interests in the Deere Collateral are Prior and Superior to Any Interest Of Peoples Bank.”
— Ky. Rev. Stat. § 355.9-322(1)(a) — 1 case
Nutrien Ag Solutions, Inc., Successor to Sec. v. Duvall (Bankr. W.D. Ky. 2021). “KRS 355.9-322(1)(a). f. As between SCB, a secured, unperfected creditor (as to Josh’s interest)–– and Simplot, Simplot’s interest has priority.”
— Ky. Rev. Stat. § 355.9-322(1)(b) — 1 case
Nutrien Ag Solutions, Inc., Successor to Sec. v. Duvall (Bankr. W.D. Ky. 2021). “KRS 355.9-322(1)(a). f. As between SCB, a secured, unperfected creditor (as to Josh’s interest)–– and Simplot, Simplot’s interest has priority.”
— Ky. Rev. Stat. § 355.9-322(1)(c) — 1 case
Nutrien Ag Solutions, Inc., Successor to Sec. v. Duvall (Bankr. W.D. Ky. 2021). “KRS 355.9-322(1)(a). f. As between SCB, a secured, unperfected creditor (as to Josh’s interest)–– and Simplot, Simplot’s interest has priority.”
— Ky. Rev. Stat. § 355.9-322(a)(1) — 1 case
Nutrien Ag Solutions, Inc., Successor to Sec. v. Duvall (Bankr. W.D. Ky. 2021). “KRS 355.9-322(a)(1). C. Deere’s Security Interests in the Deere Collateral are Prior and Superior to Any Interest Of Peoples Bank.”
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