| | | related to the secured party, or a secondary obligor would have | | brought." ("Person related to" is defined in Section 9-102 | | [Maine cite section 9-1102].) In these situations there is | | reason to suspect that there may be inadequate incentives to | | obtain a better price. Consequently, instead of calculating a | | deficiency (or surplus) based on the actual net proceeds, the | | deficiency (or surplus) would be calculated based on the proceeds | | that would have been received in a disposition to person other | | than the secured party, a person related to the secured party, or | | a secondary obligor. |
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| | | j. Consumer Goods, Consumer-Goods Transactions, and | | Consumer Transactions. This Article (including the | | accompanying conforming revisions (see Appendix I)) includes | | several special rules for "consumer goods," "consumer | | transactions," and "consumer-goods transactions." Each term | | is defined in Section 9-102 [Maine cite section 9-1102]. |
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| | | (i) Revised Sections 2-502 and 2-716 provide a buyer | | of consumer goods with enhanced rights to possession of | | the goods, thereby accelerating the opportunity to | | achieve "buyer in ordinary course of business" status | | under Section 1-201. |
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| | | (ii) Section 9-103(e) [Maine cite section 9-1103, | | subsection (5)] (allocation of payments for determining | | extent of purchase-money status), (f) [Maine cite | | subsection (6)] (purchase-money status not affected by | | cross-collateralization, refinancing, restructuring, or | | the like), and (g) [Maine cite subsection (7)] (secured | | party has burden of establishing extent of purchase- | | money status) do not apply to consumer-goods | | transactions. Sections 9-103 [Maine cite section 9- | | 1103] also provides that the limitation of those | | provisions to transactions other than consumer-goods | | transactions leaves to the courts the proper rules for | | consumer-goods transactions and prohibits the courts | | from drawing inferences from that limitation. |
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| | | (iii) Section 9-108 [Maine cite section 9-1108] | | provides that in a consumer transaction a description | | of consumer goods, a security entitlement, securities | | account, or commodity account "only by [UCC-defined] | | type of collateral" is not a sufficient collateral | | description in a security agreement. |
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| | | (iv) Sections 9-403 and 9-404 [Maine cite sections 9- | | 1403 and 9-1404] make effective the Federal Trade | | Commission's anti-holder-in-due-course rule (when |
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