| only with respect to purchasers for value; unlike former Section | 9-403(2), it does not apply with respect to lien creditors. |
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| | Example 1: SP-1 and SP-2 both hold security interests in the | same collateral. Both security interests are perfected by | filing. SP-1 filed first and has priority under Section | 9322(a)(1) [Maine cite section 9-1322, subsection (1), paragraph | (a)]. The effectiveness of SP-1's filing lapses. As long as SP- | 2's security interest remains perfected thereafter, SP-2 is | entitled to priority over SP-1's security interest, which is | deemed never to have been perfected as against a purchaser for | value (SP-2). See Section 9-322(a)(2) [Maine cite section 9- | 1322, subsection (1), paragraph (b)]. |
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| | Example 2: SP holds a security interest perfected by filing. | On July 1, LC acquires a judicial lien on the collateral. Two | weeks later, the effectiveness of the financing statement lapses. | Although the security interest becomes unperfected upon lapse, it | was perfected when LC acquired its lien. Accordingly, | notwithstanding the lapse, the perfected security interest has | priority over the rights of LC, who is not a purchaser. See | Section 9-317(a)(2) [Maine cite section 9-1317, subsection (1), | paragraph (b)]. |
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| | 4. Effect of Debtor's Bankruptcy. Under former Section 9- | 403(2), lapse was tolled if the debtor entered bankruptcy or | another insolvency proceeding. Nevertheless, being unaware that | insolvency proceedings had been commenced, filing offices | routinely removed records from the files as if lapse had not been | tolled. Subsection (c) [Maine cite subsection (3)] deletes the | former tolling provision and thereby imposes a new burden on the | secured party: to be sure that a financing statement does not | lapse during the debtor's bankruptcy. The secured party can | prevent lapse by filing a continuation statement, even without | first obtaining relief from the automatic stay. See Bankruptcy | Code Section 362(b)(3). Of course, if the debtor enters | bankruptcy before lapse, the provisions of this Article with | respect to lapse would be of no effect to the extent that federal | bankruptcy law dictates a contrary result (e.g., to the extent | that the Bankruptcy Code determines rights as of the date of the | filing of the bankruptcy petition). |
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| | 5. Continuation Statements. Subsection (d) [Maine cite | subsection (4)] explains when a continuation statement may be | filed. A continuation statement filed at a time other than that | prescribed by subsection (d) [Maine cite subsection (4)] is | ineffective, see Section 9-510(c) [Maine cite section 9-1510, | subsection (3)], and the filing office may not accept it. See | Sections 9-520(a), 9-516(b) [Maine cite section 9-1520, | subsection (1), section 9-1516, subsection (2)]. Subsection (e) |
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