Tennessee Code Annotated
Tenn. Code Ann. § 47-9-401 (2026)
Alienability of debtor's rights
✓ current as of May 2026
- (a) Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) and § 47-9-406, § 47-9-407, § 47-9-408, and § 47-9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this chapter.
- (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.
Acts 2000, ch. 846, § 1.
Notes of Decisions
Cited in 22
cases, 1971–2013 · leading case: Cookeville Prod. Credit Ass'n v. Frazier (In Re Frazier), 16 B.R. 674 (Bankr. M.D. Tenn. 1981).
Cookeville Prod. Credit Ass'n v. Frazier (In Re Frazier), 16 B.R. 674 (Bankr. M.D. Tenn. 1981). “T.C.A. § 47-9-401 dictates the filing requirements for perfection of security interests and, in pertinent part, provides: Place of filing — Erroneous filing — Removal of Collateral.”
Still v. Murfreesboro Prod. Credit Ass'n (In Re Butler), 3 B.R. 182 (Bankr. E.D. Tenn. 1980). “Section 47-9-401(l)(a) of the Code further provides that the place to file in order to perfect a security interest in “equipment used in farming operations” is in the office of the register in the county of the debtor’s residence.”
Alston v. City Fin. Co. of Tennessee (In Re Alston), 11 B.R. 184 (Bankr. W.D. Tenn. 1981). “On December 5,1979, City Finance perfected its nonpossessory, nonpurchase-money security interest in the Debtors’ household goods and appliances by filing a financing statement in accordance with the requirements of Tennessee Code Annotated Section 47-9-401(l)(c). Subsequently,…”
Coble Sys., Inc. v. Coors of the Cumberland, Inc. (In Re Coors of the Cumberland, Inc.), 19 B.R. 313 (Bankr. M.D. Tenn. 1982). “Tenn.Code Ann. § 47-9-401(1)(c). Since no proof was offered that Coble filed such a financing statement, the court concludes that Coble’s security interest in the 26 trailers is unperfected and thus Coble is not entitled to adequate protection.”
Assocs. Capital Corp. v. Cookeville Prod. Credit Ass'n, 569 S.W.2d 474 (Tenn. Ct. App. 1978). “Defendant contends that its lien against the home, a fixture, was perfected under § 47-9-401(l)(b) by filing the deed of trust in the proper place for filing a mortgage on the realty, the Jackson County Register’s Office.”
In Re Chattanooga Choo-Choo Co., 98 B.R. 792 (Bankr. E.D. Tenn. 1989). “Tenn.Code Ann. § 47-9-401(2) (1979 & Supp.”
Int'l Harvester Co. v. Carr, 466 S.W.2d 207 (Tenn. 1971). “’ ’ Section 47-9-401 provides, in part, that a security interest such as that created by a financing statement (the formal requisites of which are contained in sec.”
John Deere Co. v. Prod. Credit Ass'n, 686 S.W.2d 904 (Tenn. Ct. App. 1984). “See T.C.A. § 47-9-401(1). If the value given is used by the debtor to purchase the collateral, then the secured party has a purchase money security interest in the collateral, which normally would give him priority over any other security interest in the same collateral, as long…”
Am. Bank, FSB v. Cornerstone Cmty. Bank, 733 F.3d 609 (6th Cir. 2013). “” See Tenn.Code Ann. § 47-9-401, cmt. 7. The Act’s perfection and priority provisions thus give American a senior security interest in the funds deposited in USIG’s operating account.”
Int'l Harvester Credit Corp. v. Hill, 496 F. Supp. 329 (M.D. Tenn. 1980). “Moreover, the court notes that Professional Leasing filed its financing statement with the Secretary of State rather than with the office of the register in the county of the debtor’s residence as required by T.C.A. § 47-9-401(1)(a). The fact that the tractor was equipment owned…”
Carr v. Chrysler Credit Corp., 541 S.W.2d 152 (Tenn. 1976). “Other than illustrating the prior interpretation of the statute in question, which prior interpretation is readily admitted and indeed is stipulated by the taxing authorities, the International Harvester case is not authority for any question at issue in the present case, nor…”
In Re Hammond, 38 B.R. 548 (Bankr. E.D. Tenn. 1984). “§ 47-9-401(l)(a). The parties agree that the debtors reside in Polk County, Tennessee.”
— Tenn. Code Ann. § 47-9-401(1) — 7 cases
Cookeville Prod. Credit Ass'n v. Frazier (In Re Frazier), 16 B.R. 674 (Bankr. M.D. Tenn. 1981). “T.C.A. § 47-9-401 dictates the filing requirements for perfection of security interests and, in pertinent part, provides: Place of filing — Erroneous filing — Removal of Collateral.”
John Deere Co. v. Prod. Credit Ass'n, 686 S.W.2d 904 (Tenn. Ct. App. 1984). “See T.C.A. § 47-9-401(1). If the value given is used by the debtor to purchase the collateral, then the secured party has a purchase money security interest in the collateral, which normally would give him priority over any other security interest in the same collateral, as long…”
Carter v. Pickens (In Re Arctic Air Conditioning, Inc.), 35 B.R. 107 (Bankr. E.D. Tenn. 1983).
Hill v. Earthman (In Re Hill), 83 B.R. 522 (Bankr. E.D. Tenn. 1988).
Still v. City Bank & Trust Co. (In Re Belmont Indus.), 1 B.R. 608 (Bankr. E.D. Tenn. 1979).
— Tenn. Code Ann. § 47-9-401(1)(a) — 1 case
Int'l Harvester Credit Corp. v. Hill, 496 F. Supp. 329 (M.D. Tenn. 1980). “Moreover, the court notes that Professional Leasing filed its financing statement with the Secretary of State rather than with the office of the register in the county of the debtor’s residence as required by T.C.A. § 47-9-401(1)(a). The fact that the tractor was equipment owned…”
— Tenn. Code Ann. § 47-9-401(1)(c) — 1 case
Coble Sys., Inc. v. Coors of the Cumberland, Inc. (In Re Coors of the Cumberland, Inc.), 19 B.R. 313 (Bankr. M.D. Tenn. 1982). “Tenn.Code Ann. § 47-9-401(1)(c). Since no proof was offered that Coble filed such a financing statement, the court concludes that Coble’s security interest in the 26 trailers is unperfected and thus Coble is not entitled to adequate protection.”
— Tenn. Code Ann. § 47-9-401(2) — 2 cases
Cookeville Prod. Credit Ass'n v. Frazier (In Re Frazier), 16 B.R. 674 (Bankr. M.D. Tenn. 1981). “T.C.A. § 47-9-401 dictates the filing requirements for perfection of security interests and, in pertinent part, provides: Place of filing — Erroneous filing — Removal of Collateral.”
In Re Chattanooga Choo-Choo Co., 98 B.R. 792 (Bankr. E.D. Tenn. 1989). “Tenn.Code Ann. § 47-9-401(2) (1979 & Supp.”
— Tenn. Code Ann. § 47-9-401(l)(a) — 2 cases
Still v. Murfreesboro Prod. Credit Ass'n (In Re Butler), 3 B.R. 182 (Bankr. E.D. Tenn. 1980). “Section 47-9-401(l)(a) of the Code further provides that the place to file in order to perfect a security interest in “equipment used in farming operations” is in the office of the register in the county of the debtor’s residence.”
In Re Hammond, 38 B.R. 548 (Bankr. E.D. Tenn. 1984). “§ 47-9-401(l)(a). The parties agree that the debtors reside in Polk County, Tennessee.”
— Tenn. Code Ann. § 47-9-401(l)(b) — 2 cases
Assocs. Capital Corp. v. Cookeville Prod. Credit Ass'n, 569 S.W.2d 474 (Tenn. Ct. App. 1978). “Defendant contends that its lien against the home, a fixture, was perfected under § 47-9-401(l)(b) by filing the deed of trust in the proper place for filing a mortgage on the realty, the Jackson County Register’s Office.”
In Re Hammond, 38 B.R. 548 (Bankr. E.D. Tenn. 1984). “§ 47-9-401(l)(a). The parties agree that the debtors reside in Polk County, Tennessee.”
— Tenn. Code Ann. § 47-9-401(l)(c) — 3 cases
Still v. Murfreesboro Prod. Credit Ass'n (In Re Butler), 3 B.R. 182 (Bankr. E.D. Tenn. 1980). “Section 47-9-401(l)(a) of the Code further provides that the place to file in order to perfect a security interest in “equipment used in farming operations” is in the office of the register in the county of the debtor’s residence.”
Alston v. City Fin. Co. of Tennessee (In Re Alston), 11 B.R. 184 (Bankr. W.D. Tenn. 1981). “On December 5,1979, City Finance perfected its nonpossessory, nonpurchase-money security interest in the Debtors’ household goods and appliances by filing a financing statement in accordance with the requirements of Tennessee Code Annotated Section 47-9-401(l)(c). Subsequently,…”
Waldschmidt v. Fed. Deposit Ins. Corp. (In Re Preston), 52 B.R. 296 (Bankr. M.D. Tenn. 1985).
— Tenn. Code Ann. § 47-9-401(lXc) — 1 case
Alston v. City Fin. Co. of Tennessee (In Re Alston), 11 B.R. 184 (Bankr. W.D. Tenn. 1981). “On December 5,1979, City Finance perfected its nonpossessory, nonpurchase-money security interest in the Debtors’ household goods and appliances by filing a financing statement in accordance with the requirements of Tennessee Code Annotated Section 47-9-401(l)(c). Subsequently,…”
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