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United States Second Circuit


In Re: Motors Liquidation Co., 13-2187

The following question is certified to the Delaware Supreme Court: Under UCC Article 9, as adopted into Delaware law by Del. Code Ann. tit. 6, art. 9, for a UCC-3 termination statement to effectively extinguish the perfected nature of a UCC-1 financing statement, is it enough that the secured lender review and knowingly approve for filing a UCC-3 purporting to extinguish the perfected security interest, or must the secured lender intend to terminate the particular security interest that is listed on the UCC-3?

Appellate Information

  • Decided 06/17/2014
  • Published 06/17/2014

Judges

  • WESLEY

Court

  • United States Second Circuit

Counsel

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