Default and Enforcement of Security Interests Under New Article 9

BACKGROUND
1. Default is not defined in Article 9. Default is left to the security agreement and other law. See § 9-601 cmt. 3 (1999); Chrysler Credit Corp. v. B.J.M., Jr., Inc., 834 F. Supp. 813, 831 (E.D. Pa. 1993).
2. The secured creditor's post-default rights are governed by Part 6 of new Article 9.
  1. A secured creditor's rights under part 6 are cumulative. § 9-601(c).
  2. If the collateral consists of bills of lading, warehouse receipts, or other documents of title, the creditor may proceed either against the documents or the goods described in the documents. § 9-601(a)(2)
3. A secured creditor may exercise its rights under Part 6 or under other non-Article 9 law. § 9-601.
  1. If a creditor proceeds to obtain a judgment lien against the collateral, the lien relates back to the earlier of perfection or filing. § 9-601(e).
4. A buyer of chattel paper, accounts, payment intangibles or promissory notes and a consignor are within the definition of "secured party." § 9-102(a)(72)(C) and (D). However, with one exception, part 6 does not apply to such a buyer or consignor. § 9-601(g).