Current through the 2024 Budget Session
Section 34.1-9-205 - Use or disposition of collateral permissible(a) A security interest is not invalid or fraudulent against creditors solely because:(i) 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(ii) 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.