Wisconsin Statutes

Wis. Stat. § 409.204 (2026)

After-acquired property; future advances

✓ current as of July 2026

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409.204409.204 After-acquired property; future advances.

409.204(1)(1) After-acquired collateral. Except as otherwise provided in sub. (2), a security agreement may create or provide for a security interest in after-acquired collateral.

409.204(2)(2) When after-acquired property clause not effective. A security interest does not attach under a term constituting an after-acquired property clause to:

409.204(2)(a)(a) Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within 10 days after the secured party gives value; or

409.204(2)(b)(b) A commercial tort claim.

409.204(3)(3) Future advances and other value. A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.

409.204 HistoryHistory: 2001 a. 10.

409.204 AnnotationA security agreement covering money lent “and all other obligations and liabilities” will not extend to obligations arising out of contract violations unless they were clearly within the intent of the parties. John Miller Supply Co. v. Western State Bank, 55 Wis. 2d 385, 199 N.W.2d 161 (1972).

409.204 AnnotationPriorities of “Future Advances” Under Previously Perfected Security Interests and Article 9 of the U.C.C. Wyant & Thiel. 58 MLR 759 (1975).

409.204 AnnotationSecurity Interests in After-Acquired Property Under the Uniform Commercial Code. Skilton. 1974 WLR 925.

409.204 NoteNOTE: The above annotations cite to the pre-2001 Wis. Act 10 version of this section.

Notes of Decisions

Cited in 9 cases, 1975–2014 · leading case: Attorney's Title Guar. Fund, Inc. v. Town Bank, 2014 WI 63 (Wis. 2014).

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Attorney's Title Guar. Fund, Inc. v. Town Bank, 2014 WI 63 (Wis. 2014). · cites it 3× “¶34 First, it gave Heartland an edge with respect to timing. Rather than having to levy on specific property, which requires the property to be in existence, Heartland was able to encumber property Brophy did not yet have.”

In the Matter of Allen J. Kazmierczak & Carol A. Kazmierczak, Debtors. Appeal of Paul Swanson, Tr. in Bankr., 24 F.3d 1020 (7th Cir. 1994). “Expressly authorized by section 9-204(3) of the Uniform Commercial Code, Wis. Stat. § 409.204 (3), a future-advances lien saves the parties the trouble of executing a new security agreement every time there is a further extension of credit.”

Bank of Barron v. Gieseke, 485 N.W.2d 426 (Wis. Ct. App. 1992). “Sections 409.204(3) and 409.105(l)(k), Stats.”

United States v. Fullpail Cattle Sales, Inc., 640 F. Supp. 976 (E.D. Wis. 1986). · cites it 2× “In addition to the existing collateral described in the plaintiff’s security agreements, both agreements included a clause describing cows “hereafter acquired by Debtor, together with all increases, replacements, substitutions, and additions thereto____” After-acquired property…”

James v. Blackhawk Credit Union (In Re James), 221 B.R. 760 (Bankr. W.D. Wis. 1998). · cites it 2× “Wis.Stat.Ann. § 409.204(3) provides: Obligations covered by a security agreement may include future advances or other value whether or not the advances or value are given pursuant to commitment (s.”

Nat'l Acceptance Co. v. Doede, 78 F.R.D. 333 (W.D. Wis. 1978). · cites it 2× “Wis.Stat. § 409.204. The argument by NACA is that a debtor must have possession of the collateral before he can be said to have such rights in the collateral as to allow a security interest to attach, and Bulk never acquired possession of the items of other equipment attached to…”

Barth Bros. v. Billings, 227 N.W.2d 673 (Wis. 1975). “Sec. 409.204, Stats. 1971. A security interest is not enforceable against the debtor or third parties unless the collateral is in the possession of the secured party or the debtor has signed a security agreement which contains a description of the collateral.”

Portage Cnty. Bank v. Citizens Bank (In Re Becker), 415 B.R. 360 (E.D. Wis. 2009). · cites it 2× “” Wis. Stat. § 409.204 , UCC comment 5. But even assuming Miller Supply still reflects Wisconsin law, it does not support the bankruptcy court’s conclusion here.”

Thrun v. Blackhawk Cmty. Credit Union (In re Thrun), 495 B.R. 861 (Bankr. W.D. Wis. 2013). · cites it 3× “Wis. Stat. § 409.204 . In this case, there is no dispute that value was given, that the debtor acquired rights in the collateral, and those rights were acquired within 10 days of value being given.”

— Wis. Stat. § 409.204(3) — 2 cases

Bank of Barron v. Gieseke, 485 N.W.2d 426 (Wis. Ct. App. 1992). “Sections 409.204(3) and 409.105(l)(k), Stats.”

James v. Blackhawk Credit Union (In Re James), 221 B.R. 760 (Bankr. W.D. Wis. 1998). “Wis.Stat.Ann. § 409.204(3) provides: Obligations covered by a security agreement may include future advances or other value whether or not the advances or value are given pursuant to commitment (s.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.