Mich. Comp. Laws » Michigan Compiled Laws / Chapter 440 / Act 174 of 1962
Michigan Compiled Laws

Mich. Comp. Laws § 440.9401 (2026)

Alienability of debtor's rights.

✓ current as of July 2026
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UNIFORM COMMERCIAL CODE


Act 174 of 1962


440.9401 Alienability of debtor's rights.

Sec. 9401.

    (1) Except as otherwise provided in subsection (2) and sections 9406, 9407, 9408, and 9409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article.

    (2) An agreement between the debtor and secured party that prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.

History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1964, Act 250, Eff. Aug. 28, 1964 ;-- Am. 1976, Act 27, Imd. Eff. Mar. 4, 1976 ;-- Am. 1978, Act 369, Eff. Jan. 1, 1979 ;-- Am. 1980, Act 53, Imd. Eff. Mar. 27, 1980 ;-- Am. 1990, Act 288, Imd. Eff. Dec. 14, 1990 ;-- Am. 2000, Act 348, Eff. July 1, 2001

Notes of Decisions
Cited in 18 cases, 1969–2011 · leading case: Matter of Cliff's Ridge Skiing Corp., 123 B.R. 753 (Bankr. W.D. Mich. 1991).
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Matter of Cliff's Ridge Skiing Corp., 123 B.R. 753 (Bankr. W.D. Mich. 1991). · cites it 4× “Mich.Comp.Laws Ann. §§ 440.9401(l)(b); 53.”
Yamaha Motor Corp., USA v. Tri-City Motors & Sports, Inc., 429 N.W.2d 871 (Mich. Ct. App. 1988). · cites it 3× “MCL 440.9401(1)(c); MSA 19.9401(1)(C). After Yamaha received notice that Tri-City’s checks had been refused a second time, it tried unsuccessfully to contact Hamblen.”
Int'l Harvester Credit Corp. v. Vos, 290 N.W.2d 401 (Mich. Ct. App. 1980). · cites it 8× “Two logical points at which to fix the debtor's residence under MCL 440.9401; MSA 19.9401, suggest themselves: (1) the date of the attachment of the security interest, and (2) the date of the filing of the financing statement.”
Prime Fin. Servs. LLC v. Vinton, 761 N.W.2d 694 (Mich. Ct. App. 2008). “MCL 440.9401(2) (2001). As comment 1 to MCL 440.”
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011). “9339, and rights of third parties, MCL 440.9401 to MCL 440.9409. The purposes of EPIC include “[t]o discover and make effective a decedent’s intent in distribution of the decedent’s property” and “[t]o promote a speedy and efficient system for liquidating a decedent’s estate and…”
Robbins v. Prod. Credit Ass'n of Lansing (In Re Walkington), 62 B.R. 989 (Bankr. W.D. Mich. 1986). · cites it 3× “§ 440.9401(3)] does not apply. According to the accompanying Comment, point 6, that "subsection is important only when local filing is required, and covers only changes between local filing units in the State.”
Roman Cleanser Co. v. Nat'l Acceptance Co. of Am. (In Re Roman Cleanser Co.), 43 B.R. 940 (Bankr. E.D. Mich. 1984). · cites it 2× “Mich.Comp.Laws § 440.9401 (1979). Sometime prior to the filing of the petition, NAC released its security interest in the vehicles, machinery, and equipment.”
In Re Moisson, 51 B.R. 227 (Bankr. E.D. Mich. 1985). “§ 440.9401(l)(d). (3) Winn did not file a financing statement and therefore does not have a perfected security interest in the liquor license.”
Fan-Gil Corp. v. Am. Hosp. Supply Corp., 211 N.W.2d 561 (Mich. Ct. App. 1973). · cites it 2× “The financing statement evidencing this agreement, filed November 2, 1967, fully complied with MCLA 440.9401(l)(d); MSA 19.9401(l)(d). 3 Late in 1967, two radiologists employed at Clinton Valley Hospital sought to terminate their 1964 employment contract with the hospital,…”
Nat'l Bank v. Frydlewicz, 241 N.W.2d 471 (Mich. Ct. App. 1976). “Plaintiff failed to perfect its interest when it filed the financing statement with the Oakland County register of deeds rather than with the Secretary of State, as MCLA 440.9401; MSA 19.9401 requires. National’s status is the dispositive issue in the case.”
Cont'l Oil Co. v. Citizens Trust & Sav. Bank, 225 N.W.2d 209 (Mich. Ct. App. 1974). “The referee referred to sections of the UCC which require an interested party to determine all the places where the debtor had previously done business or resided "during the life of the collateral in question”, MCLA 440.9401(3); MSA 19.9401(3), and said, "To inquire of any…”
Parraway v. Andrews Univ., 50 B.R. 316 (W.D. Mich. 1984). “§ 440.9401(1). The proper location to file the financing statement depends on the category of collateral in question.”
Show all 18 citing cases →
— Mich. Comp. Laws § 440.9401(1) — 2 cases
Int'l Harvester Credit Corp. v. Vos, 290 N.W.2d 401 (Mich. Ct. App. 1980). “Two logical points at which to fix the debtor's residence under MCL 440.9401; MSA 19.9401, suggest themselves: (1) the date of the attachment of the security interest, and (2) the date of the filing of the financing statement.”
Parraway v. Andrews Univ., 50 B.R. 316 (W.D. Mich. 1984). “§ 440.9401(1). The proper location to file the financing statement depends on the category of collateral in question.”
— Mich. Comp. Laws § 440.9401(1)(a) — 1 case
Int'l Harvester Credit Corp. v. Vos, 290 N.W.2d 401 (Mich. Ct. App. 1980). “Two logical points at which to fix the debtor's residence under MCL 440.9401; MSA 19.9401, suggest themselves: (1) the date of the attachment of the security interest, and (2) the date of the filing of the financing statement.”
— Mich. Comp. Laws § 440.9401(1)(c) — 1 case
Yamaha Motor Corp., USA v. Tri-City Motors & Sports, Inc., 429 N.W.2d 871 (Mich. Ct. App. 1988). “MCL 440.9401(1)(c); MSA 19.9401(1)(C). After Yamaha received notice that Tri-City’s checks had been refused a second time, it tried unsuccessfully to contact Hamblen.”
— Mich. Comp. Laws § 440.9401(2) — 3 cases
Prime Fin. Servs. LLC v. Vinton, 761 N.W.2d 694 (Mich. Ct. App. 2008). “MCL 440.9401(2) (2001). As comment 1 to MCL 440.”
Yamaha Motor Corp., USA v. Tri-City Motors & Sports, Inc., 429 N.W.2d 871 (Mich. Ct. App. 1988). “MCL 440.9401(1)(c); MSA 19.9401(1)(C). After Yamaha received notice that Tri-City’s checks had been refused a second time, it tried unsuccessfully to contact Hamblen.”
Franklin Nat'l Inv. Corp. v. Am. Swiss Parts Co., 201 N.W.2d 673 (Mich. Ct. App. 1972).
— Mich. Comp. Laws § 440.9401(3) — 2 cases
Robbins v. Prod. Credit Ass'n of Lansing (In Re Walkington), 62 B.R. 989 (Bankr. W.D. Mich. 1986). “§ 440.9401(3)] does not apply. According to the accompanying Comment, point 6, that "subsection is important only when local filing is required, and covers only changes between local filing units in the State.”
Cont'l Oil Co. v. Citizens Trust & Sav. Bank, 225 N.W.2d 209 (Mich. Ct. App. 1974). “The referee referred to sections of the UCC which require an interested party to determine all the places where the debtor had previously done business or resided "during the life of the collateral in question”, MCLA 440.9401(3); MSA 19.9401(3), and said, "To inquire of any…”
— Mich. Comp. Laws § 440.9401(c) — 1 case
Edelman v. Grand Valley Nat'l Bank (In Re Haines & Baker Excavating, Inc.), 25 B.R. 869 (Bankr. W.D. Mich. 1982).
— Mich. Comp. Laws § 440.9401(l)(a) — 2 cases
Int'l Harvester Credit Corp. v. Vos, 290 N.W.2d 401 (Mich. Ct. App. 1980). “Two logical points at which to fix the debtor's residence under MCL 440.9401; MSA 19.9401, suggest themselves: (1) the date of the attachment of the security interest, and (2) the date of the filing of the financing statement.”
Robbins v. Prod. Credit Ass'n of Lansing (In Re Walkington), 62 B.R. 989 (Bankr. W.D. Mich. 1986). “§ 440.9401(3)] does not apply. According to the accompanying Comment, point 6, that "subsection is important only when local filing is required, and covers only changes between local filing units in the State.”
— Mich. Comp. Laws § 440.9401(l)(b) — 1 case
Matter of Cliff's Ridge Skiing Corp., 123 B.R. 753 (Bankr. W.D. Mich. 1991). “Mich.Comp.Laws Ann. §§ 440.9401(l)(b); 53.”
— Mich. Comp. Laws § 440.9401(l)(c) — 3 cases
Robbins v. Prod. Credit Ass'n of Lansing (In Re Walkington), 62 B.R. 989 (Bankr. W.D. Mich. 1986). “§ 440.9401(3)] does not apply. According to the accompanying Comment, point 6, that "subsection is important only when local filing is required, and covers only changes between local filing units in the State.”
In Re Slippery Rock Forging, Inc., 99 B.R. 679 (Bankr. W.D. Pa. 1989).
First Nat'l Bank & Trust Co. of Hermansville v. Lasich (In re Three Lakes Cocktail Lounge & Restaurant, Inc.), 131 B.R. 70 (W.D. Mich. 1991).
— Mich. Comp. Laws § 440.9401(l)(d) — 2 cases
In Re Moisson, 51 B.R. 227 (Bankr. E.D. Mich. 1985). “§ 440.9401(l)(d). (3) Winn did not file a financing statement and therefore does not have a perfected security interest in the liquor license.”
Fan-Gil Corp. v. Am. Hosp. Supply Corp., 211 N.W.2d 561 (Mich. Ct. App. 1973). “The financing statement evidencing this agreement, filed November 2, 1967, fully complied with MCLA 440.9401(l)(d); MSA 19.9401(l)(d). 3 Late in 1967, two radiologists employed at Clinton Valley Hospital sought to terminate their 1964 employment contract with the hospital,…”
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