Idaho Statutes

§ 28-9-205 — USE OR DISPOSITION OF COLLATERAL PERMISSIBLE

Idaho·Title 28 COMMERCIAL TRANSACTIONS·Part 2. EFFECTIVENESS OF SECURITY AGREEMENT — ATTACHMENT OF SECURITY INTEREST — RIGHTS OF PARTIES TO SECURITY AGREEMENT·Ch. 9 SECURED TRANSACTIONS
(a)A security interest is not invalid or fraudulent against creditors solely because:
(1)The debtor has the right or ability to:
(A)use, commingle or dispose of all or part of the collateral, including returned or repossessed goods;
(B)collect, compromise, enforce or otherwise deal with collateral;
(C)accept the return of collateral or make repossessions; or
(D)use, commingle or dispose of proceeds; or
(2)The secured party fails to require the debtor to account for proceeds or replace collateral.
(b)This section does not relax the requirements of possession if attachment, perfection or enforcement of a security interest depends upon possession of the collateral by the secured party.

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Legislative History

[28-9-205, added 2001, ch. 208, sec. 2, p. 724.]

Nearby Sections

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