| examination, this Article redefines "debtor" and adds new |
| defined terms, "secondary obligor" and "obligor." In the |
| context of Part 6 (default and enforcement), these |
| definitions distinguish among three classes of persons: (i) |
| those persons who may have a stake in the proper enforcement |
| of a security interest by virtue of their non-lien property |
| interest (typically, an ownership interest) in the |
| collateral, (ii) those persons who may have a stake in the |
| proper enforcement of the security interest because of their |
| obligation to pay the secured debt, and (iii) those persons |
| who have an obligation to pay the secured debt but have no |
| stake in the proper enforcement of the security interest. |
| Persons in the first class are debtors. Persons in the |
| second class are secondary obligors if any portion of the |
| obligation is secondary or if the obligor has a right of |
| recourse against the debtor or another obligor with respect |
| to an obligation secured by collateral. One must consult |
| the law of suretyship to determine whether an obligation is |
| secondary. The Restatement (3d), Suretyship and Guaranty § |
| 1 (1996), contains a useful explanation of the concept. |
| Obligors in the third class are neither debtors nor |
| secondary obligors. With one exception (Section 9-616 |
| [Maine cite section 9-1616], as it relates to a consumer |
| obligor), the rights and duties in provided by Part 6 affect |
| non-debtor obligors only if they are "secondary obligors." |