When Perfecting A Security Interest In Goods or Chattel, Don’t Be Fooled If The Debtor ReLocates Its Business To A Different State
PERFECTING SECURITY INTEREST IN GOODS OR CHATTEL
Under the Uniform Commercial Code (“UCC”), is a secured creditor required to file a new UCC-1 financing statement to perfect its security interest in equipment if a debtor moves its “location” to another jurisdiction? The answer may depend on whether the debtor is considered an “organiza...
Tagged in: change of debtor's location, collateral moved to different state, competing security interests, location of debtor's collateral, monitoring location of collateral, new jersey attorneys perfecting security interest, new jersey uniform commercial code, perfecting security interest, perfecting security interest in debtor's collateral, priority of security interests, registered organization, security interest, UCC 9-307 New Jersey, UCC 9-316, UCC filing, ucc-1 financing statement
Entire Controversy Doctrine: Loophole Allows For Second Bite Of The Apple
Consider this hypothetical: Plaintiff accounting firm (“Accounting Firm”) files a collection suit (“Action 1”) against defendant limited liability company (“LLC”) for nonpayment of invoices. In LLC’s answer to the Accounting Firm’s Complaint, LLC raises professional negligence as an “affirmative defense.” LLC fails to retain...
Tagged in: accountant collection action, Accountants book account, Affidavit of Merit, application of new jersey's entire controversy doctrine, Book Account, circumventing entire controversy doctrine, Entire Controversy Doctrine, entire controversy doctrine loophole, entire controversy doctrine prevents litigants from getting two bites of the apple, entire controversy doctrine second bite of apple, entire controversy doctrine's application to cases pending simultaneously, extending discovery deadlines, failure to serve expert report, malpractice claims arising out of core set of facts, subsequent proceedings subject to entire controversy doctrine
You’re Only as Good as Your Word, Says New Jersey Appeals Court
As children, we're taught not to make promises unless we intend to keep them. The New Jersey Appellate Division recently reaffirmed this important lesson in an unpublished decision in which the court scolded a consumer who duped a car dealership by entering into a contract he knew he couldn’t honor. In upholding the trial court’s decision ren...
Do Partnership Agreements Have to be in Writing?
While it is always preferred to have a written agreement defining the type of partnership, the purpose of the partnership, the duties and obligations of the partners, distribution of partnership profits and other key terms, under New Jersey law the short answer is no. An agreement to create a partnership may be oral, written or implied by the c...