Nevada Revised Statutes

Nev. Rev. Stat. § 104.9401 (2026)

Alienability of debtor’s rights

✓ current as of July 2026
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NRS 104.9401  Alienability of debtor’s rights.

      1.  Except as otherwise provided in subsection 2 and NRS 104.9406 to 104.9409, inclusive, 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 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.

      (Added to NRS by 1999, 323; A 2001, 62)

     

Notes of Decisions
Cited in 3 cases, 1972–1997 · leading case: Leasepartners Corp. v. Robert L. Brooks Trust, 942 P.2d 182 (Nev. 1997).
Leasepartners Corp. v. Robert L. Brooks Trust, 942 P.2d 182 (Nev. 1997). · cites it 2× “If the trier of fact concludes that the signs are fixtures, it must determine whether LeasePartners satisfied NRS 104.9401(2) or NRS 104.9313(5) such that LeasePartners obtained a perfected security interest in the fixtures.”
Valley Bank of Nevada v. City of Henderson, 528 F. Supp. 907 (D. Nev. 1981). · cites it 2× “Valley Bank could have perfected its security interest arising from the assignments of the water and sewer refunding agreements.”
Walker Bank & Trust Co. v. Smith, 501 P.2d 639 (Nev. 1972). · cites it 2× “70A-9-401; NRS 104.9401 (l)(b). The security interest of Walker Bank was not confined to the kitchen cabinets which became fixtures, but embraced the proceeds of inventory and accounts receivable.”
— Nev. Rev. Stat. § 104.9401(2) — 1 case
Leasepartners Corp. v. Robert L. Brooks Trust, 942 P.2d 182 (Nev. 1997). “If the trier of fact concludes that the signs are fixtures, it must determine whether LeasePartners satisfied NRS 104.9401(2) or NRS 104.9313(5) such that LeasePartners obtained a perfected security interest in the fixtures.”
— Nev. Rev. Stat. § 104.9401(l)(c) — 2 cases
Leasepartners Corp. v. Robert L. Brooks Trust, 942 P.2d 182 (Nev. 1997). “If the trier of fact concludes that the signs are fixtures, it must determine whether LeasePartners satisfied NRS 104.9401(2) or NRS 104.9313(5) such that LeasePartners obtained a perfected security interest in the fixtures.”
Walker Bank & Trust Co. v. Smith, 501 P.2d 639 (Nev. 1972). “70A-9-401; NRS 104.9401 (l)(b). The security interest of Walker Bank was not confined to the kitchen cabinets which became fixtures, but embraced the proceeds of inventory and accounts receivable.”
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