Mississippi Code
Miss. Code Ann. § 75-9-401 (2026)
Alienability of debtor's rights
✓ current as of July 2026
- (a) Except as otherwise provided in subsection (b) and Sections 75-9-406, 75-9-407, 75-9-408, and 75-9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article.
- (b) An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.
Former 1972 Code § 75-9-401 [Codes, 1942, § 41A:9-401; Laws, 1966, ch. 316, § 9-401; Laws, 1968, ch. 489, § 1; Laws, 1977, ch. 452, § 24; Laws, 1982, ch. 439; Laws, 1984, ch. 454, § 1; Laws, 1995, ch. 329, § 1, eff. 7/1/1995] is now found in comparable provisions enacted at § 75-9-501 by Laws, 2001, ch. 495, § 1. Present § 75-9-401 was derived from former 1972 Code § 75-9-311 [Codes, 1942, § 41A:9-311; Laws, 1966, ch. 316, § 9-311, eff. 3/31/1968] and was enacted by Laws, 2001, ch. 495, § 1, eff. 1/1/2002.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1975–2026 · leading case: Ford Motor Credit Co. v. Robert L. Weaver, John C. Weaver & Sons & Weaver Farms, Defendants, 680 F.2d 451 (6th Cir. 1982).
Ford Motor Credit Co. v. Robert L. Weaver, John C. Weaver & Sons & Weaver Farms, Defendants, 680 F.2d 451 (6th Cir. 1982). “a filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this chapter and is also effective with regard to…”
In the Matter of Rex L. Hammons, Bankrupts. Borg-Warner Acceptance Corp. v. Fedders Fin. Corp., 614 F.2d 399 (5th Cir. 1980). “Miss.Code Ann. § 75-9-401 (1972) requires a creditor seeking to perfect a security interest in the inventory of a debtor to file a financing statement “in the office of the secretary of state, and in addition, if the debtor has a place of business in only one (1) county of this…”
In Re Hammons, 438 F. Supp. 1143 (S.D. Miss. 1977). “" [9] Miss.Code Ann. § 75-9-401(3) provides in pertinent part: "[A] filing which is made in the proper place in this state continues effective even though the debtor's residence or place of business or the location of the collateral or its use, whichever controlled the original…”
Crosby v. Peoples Bank of Indianola, 472 So. 2d 951 (Miss. 1985). “We understand that the bank on June 15, 1982, filed its “security agreement” with the chancery clerk of Sunflower County no doubt in lieu of the filing of a financing statement, see Miss.Code Ann. § 75-9-401 (Supp.1984) and on August 17, 1982, it filed with the secretary of…”
Bankrupt Est. v. S. Trailer Distributors, Inc., 508 F.2d 1323 (5th Cir. 1975). “' Miss.Code Ann. 75-9-401(3). Moreover, there is no requirement that, once filed, a financing statement be amended to show a change in the address of the debtor.”
Fedders Fin. Corp. v. Borg Warner Acceptance Corp., 438 F. Supp. 1143 (S.D. Miss. 1977). “Miss.Code Ann. § 75-9-401(3) provides in pertinent part: “[A] filing which is made in the proper place in this state continues effective even though the debtor’s residence or place of business or the location of the collateral or its use, whichever controlled the original…”
In re: Ashley Selman Farms P'ship (Bankr. N.D. Miss. 2026). “See Miss. Code Ann. § 75-9-401 (a) (a security agreement is effective according to its terms between the parties).”
St. Paul Mercury Ins. Co. v. Merchants & Marine Bank (Miss. 2003). “Miss. Code Ann. § 75-9-401 (2) (1972). In this case, the creditor may still maintain priority if it can demonstrate that the subsequently filing creditor had knowledge of the contents of a filing statement made in good faith.”
St. Paul Mercury Ins. Co. v. Merchants & Marine Bank, 882 So. 2d 766 (Miss. 2004). “Miss.Code Ann. § 75-9-401(2) (1972). In this case, the creditor may still maintain priority if it can demonstrate that the subsequently filing creditor had knowledge of the contents of a filing statement made in good faith.”
Greenline Equip. Co., Inc. v. Covington Cnty. Bank (Miss. 1999). “Greenline argues that the circuit court erred when it found that Greenline converted the property of Covington County Bank when it sold the excavator in the execution sale. Specifically, Greenline asserts that (1) any knowledge it possessed of the Bank's lien did not satisfy the…”
— Miss. Code Ann. § 75-9-401(2) — 2 cases
Ford Motor Credit Co. v. Robert L. Weaver, John C. Weaver & Sons & Weaver Farms, Defendants, 680 F.2d 451 (6th Cir. 1982). “a filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this chapter and is also effective with regard to…”
St. Paul Mercury Ins. Co. v. Merchants & Marine Bank, 882 So. 2d 766 (Miss. 2004). “Miss.Code Ann. § 75-9-401(2) (1972). In this case, the creditor may still maintain priority if it can demonstrate that the subsequently filing creditor had knowledge of the contents of a filing statement made in good faith.”
— Miss. Code Ann. § 75-9-401(3) — 3 cases
In Re Hammons, 438 F. Supp. 1143 (S.D. Miss. 1977). “" [9] Miss.Code Ann. § 75-9-401(3) provides in pertinent part: "[A] filing which is made in the proper place in this state continues effective even though the debtor's residence or place of business or the location of the collateral or its use, whichever controlled the original…”
Bankrupt Est. v. S. Trailer Distributors, Inc., 508 F.2d 1323 (5th Cir. 1975). “' Miss.Code Ann. 75-9-401(3). Moreover, there is no requirement that, once filed, a financing statement be amended to show a change in the address of the debtor.”
Fedders Fin. Corp. v. Borg Warner Acceptance Corp., 438 F. Supp. 1143 (S.D. Miss. 1977). “Miss.Code Ann. § 75-9-401(3) provides in pertinent part: “[A] filing which is made in the proper place in this state continues effective even though the debtor’s residence or place of business or the location of the collateral or its use, whichever controlled the original…”
— Miss. Code Ann. § 75-9-401(6) — 1 case
Ford Motor Credit Co. v. Robert L. Weaver, John C. Weaver & Sons & Weaver Farms, Defendants, 680 F.2d 451 (6th Cir. 1982). “a filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this chapter and is also effective with regard to…”
— Miss. Code Ann. § 75-9-401(l)(a) — 1 case
Ford Motor Credit Co. v. Robert L. Weaver, John C. Weaver & Sons & Weaver Farms, Defendants, 680 F.2d 451 (6th Cir. 1982). “a filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this chapter and is also effective with regard to…”
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