| | | (4)] applies only if the proceeds in question are other than non- | | filing collateral (i.e., if the proceeds are filing collateral). | | If the proceeds are non-filing collateral, either the first-to- | | file-or-perfect rule under subsections (a) and (b) [Maine cite | | subsections (1) and (2)] or the non-temporal priority rule in | | subsection (c) [Maine cite subsection (3)] would apply, depending | | on the facts. |
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| | | Example 13: SP-1 perfects its security interest in Debtor's | | deposit account by obtaining control. Thereafter, SP-2 files | | against inventory, (presumably) searches, finds no indication of | | a conflicting security interest, and advances against Debtor's | | existing and after-acquired inventory. Debtor uses funds from | | the deposit account to purchase inventory, which SP-1 can trace | | as identifiable proceeds of its security interest in Debtor's | | deposit account, and which SP-2 claims as original collateral. | | The inventory is sold and the proceeds deposited into another | | deposit account, as to which SP-1 has not obtained control. As | | discussed above in Comment 8, Example 11, subsection (c) [Maine | | cite subsection (3)] does not govern priority in this deposit | | account. Subsection (d) [Maine cite subsection (4)] also does | | not govern, because the proceeds at issue (the deposit account) | | are cash proceeds. See subsection (e) [Maine cite subsection | | (5)]. Rather, the general rules of subsections (a) and (b) | | [Maine cite subsections (1) and (2)] govern. |
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| | | 10. Priority in Supporting Obligations. Under subsections | | (b)(2) [Maine cite subsection (2), paragraph (b)] and (c)(1) | | [Maine cite subsection (3), paragraph (a)], a security interest | | having priority in collateral also has priority in a supporting | | obligation for that collateral. However, the rules in these | | subsections are subject to the special rule in Section 9-329 | | [Maine cite section 9-1329] governing the priority of security | | interests in a letter-of-credit right. See subsection (f) [Maine | | cite subsection (6)] . Under Section 9-329 [Maine cite section | | 9-1329], a secured party's failure to obtain control (Section 9- | | 107 [Maine cite section 9-1107]) of a letter-of-credit right that | | serves as supporting collateral leaves its security interest | | exposed to a priming interest of a party who does take control. |
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| | | 11. Unperfected Security Interests. Under subsection (a)(3) | | [Maine cite subsection (1), paragraph (c)], if conflicting | | security interests are unperfected, the first to attach has | | priority. This rule may be of merely theoretical interest, | | inasmuch as it is hard to imagine a situation where the case | | would come into litigation without either secured party's having | | perfected its security interest. If neither security interest | | had been perfected at the time of the filing of a petition in | | bankruptcy, ordinarily neither would be good against the trustee | | in bankruptcy under the | | Bankruptcy Code. |
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