interest in them to another buyer (B-2) or to a lien creditor |
(LC). However, for purposes of determining the rights of the |
debtor's creditors and certain purchasers of accounts or chattel |
paper from the debtor, while B-1's security interest is |
unperfected, the debtor-seller is deemed to have rights in the |
sold receivables, and a competing security interest or judicial |
lien may attach to those rights. See Sections 9-318, 9-109 |
[Maine cite section 9-1318, section 9-1109], Comment 5. Suppose |
that B-1's security interest in certain accounts and chattel |
paper is perfected by filing, but the effectiveness of the |
financing statement lapses. Both before and after lapse, B-1 |
collects some of the receivables. After lapse, LC acquires a |
lien on the accounts and chattel paper. B-1's unperfected |
security interest in the accounts and chattel paper is |
subordinate to LC's rights. See Section 9-317(a)(2) [Maine cite |
section 9-1317, subsection (1), paragraph (b)]. But collections |
on accounts and chattel paper are not "accounts" or "chattel |
paper." Even if B-1's security interest in the accounts and |
chattel paper is or becomes unperfected, neither the debtor nor |
LC acquires rights to the collections that B-1 collects (and |
owns) before LC acquires a lien. |