NC General Statutes
N.C. Gen. Stat. § 25-9-401 (2026)
Alienability of debtor's rights
✓ current as of July 2026
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(a) Other law governs alienability; exceptions. - Except as otherwise provided in subsection (b) of this section and G.S. 25-9-406, 25-9-407, 25-9-408, and 25-9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this Article.
(b) Agreement does not prevent transfer. - 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. (1965, c. 700, s. 1; 1975, c. 862, s. 7; 2000-169, s. 1.)
Notes of Decisions
Cited in 10
cases, 1971–2001 · leading case: Magers v. Thomas (In Re Vannoy), 176 B.R. 758 (Bankr. M.D.N.C. 1994).
Magers v. Thomas (In Re Vannoy), 176 B.R. 758 (Bankr. M.D.N.C. 1994). “In this case no financing statements were filed in either place, with the result that no security interest in Vannoy’s partnership interest was perfected prior to the commencement of his Chapter 7 case.”
Advanced Analytics Labs., Inc. v. Env't Aspecs, Inc. (In Re Env't Aspecs, Inc.), 235 B.R. 378 (E.D.N.C. 1999). “) EAI executed a note and a security agreement evidencing that loan, and SouthTrust perfected its security interest by filing UCC-1 financing statements listing EAI as debtor with the North Carolina Secretary of State’s Office and the Wake County Register of Deeds as required by…”
Mazda Motors of Am., Inc. v. Sw. Motors, Inc., 243 S.E.2d 793 (N.C. Ct. App. 1978). “25-9-302 and G.S. 25-9-401(l)(c). The plaintiff concedes there was no evidence which would indicate that a financing statement was filed with the Secretary of State.”
Evans v. Everett, 183 S.E.2d 109 (N.C. 1971). “G.S. 25-9-401(1) (a). See 44 N. C. L. Rev.”
Szabo Food Serv., Inc., of North Carolina v. Balentines, Inc., 206 S.E.2d 242 (N.C. 1974). “25-9-304 and G.S. 25-9-401 (1) (c)). It did, however, in due course, list and pay the ad valorem taxes on the equipment for the year 1970.”
United States v. Pete Brown Enter., Inc., 328 F. Supp. 600 (N.D. Miss. 1971). “§ 25-9-402), which was duly executed and filed with the Register of Deeds of the county of the Pattersons’ residence (N.C.G.S. § 25-9-401(1) (a)). Since the financing statement did not state a maturity date of the obligation it secured, it was effective for a period of five…”
Chrysler Fin. Co., LLC v. Offerman, 531 S.E.2d 223 (N.C. Ct. App. 2000). “A financing statement naming Chrysler Corporation as the secured party and Chrysler Financial as the assignee is then filed in North Carolina pursuant to section 25-9-401 of the North Carolina Uniform Commercial Code.”
In Re Lea Lumber & Plywood LLC, 266 B.R. 342 (Bankr. E.D.N.C. 2001). “Applying these rules to the present facts, the court concludes that UCC # 99-015 has been “signed by the debtor” for purposes of N.C. Gen.Stat. § 25-9-401(1). The signature challenged here has two positive differences from the signatures examined above.”
Jesco, Inc. v. Jeffreys Steel Co., Inc., 571 F. Supp. 801 (N.D. Miss. 1983). “1 As established by *803 the uncontested affidavit, with supporting exhibits, of Jack Isaacs, a Branch vice president, Branch properly perfected its security interest in Great Dominion’s accounts receivable in accordance with N.C.Gen.Stat. § 25-9-401(l)(c), by filing financing…”
In re A & N Lumber Co., 266 B.R. 337 (Bankr. M.D.N.C. 2001). “N.C.G.S. § 25-9-401 provides that except in certain narrow exceptions set forth in §§ 25-9-401(l)(a) and (b), the proper place to file financing statements to perfect a security interest in collateral is “.”
N.C. Gen. Stat. § 25-9-401(1): 3 cases
Evans v. Everett, 183 S.E.2d 109 (N.C. 1971). “G.S. 25-9-401(1) (a). See 44 N. C. L. Rev.”
United States v. Pete Brown Enter., Inc., 328 F. Supp. 600 (N.D. Miss. 1971). “§ 25-9-402), which was duly executed and filed with the Register of Deeds of the county of the Pattersons’ residence (N.C.G.S. § 25-9-401(1) (a)). Since the financing statement did not state a maturity date of the obligation it secured, it was effective for a period of five…”
In Re Lea Lumber & Plywood LLC, 266 B.R. 342 (Bankr. E.D.N.C. 2001). “Applying these rules to the present facts, the court concludes that UCC # 99-015 has been “signed by the debtor” for purposes of N.C. Gen.Stat. § 25-9-401(1). The signature challenged here has two positive differences from the signatures examined above.”
N.C. Gen. Stat. § 25-9-401(2): 1 case
In re A & N Lumber Co., 266 B.R. 337 (Bankr. M.D.N.C. 2001). “N.C.G.S. § 25-9-401 provides that except in certain narrow exceptions set forth in §§ 25-9-401(l)(a) and (b), the proper place to file financing statements to perfect a security interest in collateral is “.”
N.C. Gen. Stat. § 25-9-401(l)(a): 1 case
In re A & N Lumber Co., 266 B.R. 337 (Bankr. M.D.N.C. 2001). “N.C.G.S. § 25-9-401 provides that except in certain narrow exceptions set forth in §§ 25-9-401(l)(a) and (b), the proper place to file financing statements to perfect a security interest in collateral is “.”
N.C. Gen. Stat. § 25-9-401(l)(c): 4 cases
Magers v. Thomas (In Re Vannoy), 176 B.R. 758 (Bankr. M.D.N.C. 1994). “In this case no financing statements were filed in either place, with the result that no security interest in Vannoy’s partnership interest was perfected prior to the commencement of his Chapter 7 case.”
Mazda Motors of Am., Inc. v. Sw. Motors, Inc., 243 S.E.2d 793 (N.C. Ct. App. 1978). “25-9-302 and G.S. 25-9-401(l)(c). The plaintiff concedes there was no evidence which would indicate that a financing statement was filed with the Secretary of State.”
Jesco, Inc. v. Jeffreys Steel Co., Inc., 571 F. Supp. 801 (N.D. Miss. 1983). “1 As established by *803 the uncontested affidavit, with supporting exhibits, of Jack Isaacs, a Branch vice president, Branch properly perfected its security interest in Great Dominion’s accounts receivable in accordance with N.C.Gen.Stat. § 25-9-401(l)(c), by filing financing…”
In re A & N Lumber Co., 266 B.R. 337 (Bankr. M.D.N.C. 2001). “N.C.G.S. § 25-9-401 provides that except in certain narrow exceptions set forth in §§ 25-9-401(l)(a) and (b), the proper place to file financing statements to perfect a security interest in collateral is “.”
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