Columbia Business Law Review
title holders, Uniform Commercial Code, secured creditors, reclaiming sellers, floating lien creditors
Part I of this article will discuss "title" holders under the Uniform Commercial Code and the powers and rights that they have to defeat reclaiming sellers. Part II will describe the Code "lessees" and "secured creditors" as well as the powers and rights that they have to defeat reclaiming sellers. Part III will explain how a misreading of the Code has subordinated the reclaiming seller of goods to the Article 9 floating lien creditor. Finally, Part IV will argue that, as the Code drafters intended, the reclaiming seller of goods should prevail over the floating lien creditor.
William Tabac, Battle for the Bulge: The Reclaiming Seller vs. the Floating Lien Creditor, 2001 Columbia Business Law Review 509 (2001)
This work originally appeared at 2001 Colum. Bus. L. Rev. 509(2001).