Question

IKR Finance loaned $1,000 to Debtor. Debtor agreed to repay the $1,000 in one year, and one year, and Debtor signed a written security agreement granting IKR a security interest in an item of equipmen...

IKR Finance loaned $1,000 to Debtor. Debtor agreed to repay the $1,000 in one year, and one year, and Debtor signed a written security agreement granting IKR a security interest in an item of equipment owned by Debtor to secure this debt. IKR did not perfect the security interest. In this case:

a.

The security interest is attached. If Debtor defaults, IKR can repossess and sell the collateral.

b.

The security interest has not attached because IKR does not have possession of the collateral.

c.

The security interest has not attached because IKR did not give value.

d.

The security interest has not attached because IKR failed to perfect the security interest.

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Answer #1

(a) The security interest is attached. If debtor defaults, IKR can repossess and sell the collateral (Ans)

Attachment of any security as an enforceable collateral takes place when 3 conditions are satisfied
- Debtor has given a signed written security agreement (which in this case debtor has given)
- Debtor has been given value against security (in this case, it is $1000 loaned by IKR finance)
- Debtor has ownership or transferable rights in security (In this case, it is said that item of equipment is owned by debtor)

Since all 3 conditions are satisfied, therefore security interest is attached.

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