LD 2245
pg. 337
Page 336 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 338 of 493
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LR 1087
Item 1

 
only with respect to purchasers for value; unlike former Section
9-403(2), it does not apply with respect to lien creditors.

 
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)].

 
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)].

 
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).

 
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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