| | | related to the secured party, or a secondary obligor. It | | contains a special rule for calculating a deficiency or surplus | | in a complying disposition that yields a price that is | | "significantly below the range of proceeds that a complying | | disposition to a person other than the secured party, a person | | related to the secured party, or a secondary obligor would have | | brought." |
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| | | 3. Determination of Commercial Reasonableness; Advance | | Approval. It is important to make clear the conduct and | | procedures that are commercially reasonable and to provide a | | secured party with the means of obtaining, by court order or | | negotiation with a creditors' committee or a representative of | | creditors, advance approval of a proposed method of enforcement | | as commercially reasonable. This section contains rules that | | assist in that determination and provides for advance approval in | | appropriate situations. However, none of the specific methods of | | disposition specified in subsection (b) [Maine cite subsection | | (2)] is required or exclusive. |
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| | | 4. "Recognized Market." As in Sections 9-610(c) and 9-611(d) | | [Maine cite section 9-1610, subsection (3) and section 9-1611, | | subsection (4)], the concept of a "recognized market" in | | subsections (b)(1) and (2) [Maine cite subsection (1), paragraphs | | (a) and (b)] is quite limited; it applies only to markets in | | which there are standardized price quotations for property that | | is essentially fungible, such as stock exchanges. |
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| | | §9-1628.__Nonliability and limitation on liability of secured |
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| | | party; liability of secondary obligor |
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| | | (1)__Unless a secured party knows that a person is a debtor or | | obligor, knows the identity of the person and knows how to | | communicate with the person: |
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| | | (a)__The secured party is not liable to the person or to a | | secured party or lienholder that has filed a financing | | statement against the person for failure to comply with this | | Article; and |
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| | | (b)__The secured party's failure to comply with this Article | | does not affect the liability of the person for a | | deficiency. |
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| | | (2)__A secured party is not liable because of its status as | | secured party: |
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| | | (a)__To a person that is a debtor or obligor, unless the | | secured party knows: |
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| | | (i)__That the person is a debtor or obligor; |
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