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Dyllan Nantx
Remember that 9-622 is just the start. Once you send the notice and wait out the required period, you still need to conduct the disposition in a commercially reasonable manner. Document everything about your sale process too - advertising, bidding procedures, price negotiations, all of it.
Dyllan Nantx
•Exactly. And if there's a deficiency, you'll need to prove commercial reasonableness to collect it. Better to over-document than under-document.
Xan Dae
•Commercial reasonableness is such a fact-specific standard. What's reasonable for one type of collateral might not be for another.
Has anyone dealt with 9-622 notices where the debtor filed bankruptcy right after receiving notice? Wondering how that affects the enforcement timeline and whether the automatic stay kicks in immediately.
That's what I was afraid of. Adds months to the process depending on which chapter they file.
Hopefully our debtor doesn't go that route but good to know in case they do. Thanks for bringing it up.
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LunarEclipse
Just want to echo what others said about checking the official entity records first. I made the mistake once of using the name from a contract instead of the Secretary of State database and it caused a huge mess. Now I always verify against official records before drafting any written security agreement.
Yara Khalil
•Good reminder. The contracts team doesn't always use the exact legal entity name.
LunarEclipse
•Exactly - they use whatever sounds better or fits on the signature line, but that's not always the legal name for UCC purposes.
Keisha Brown
Hope this works out for you! Refinancing delays over UCC technicalities are the worst. Keep us posted on whether the correction approach works.
Will do - this thread has been super helpful. At least I know I'm not the only one dealing with these name matching headaches.
definitely not alone - seems like every other deal has some version of this issue
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ugh this is exactly why I'm terrified of handling our company's UCC stuff myself. So many rules and deadlines to track. Maybe I should just pay an attorney to manage everything.
StarSailor
•Attorneys are great but expensive for routine continuations. A good calendar system or tracking software can handle most of the deadline management.
True, but the peace of mind might be worth it. One mistake like this could cost way more than attorney fees.
Just to confirm - you said March 15, 2020 filing date? That means the continuation window was September 15, 2024 through March 15, 2025. You're right that you missed it. File that new UCC-1 today if possible. Most electronic filing systems will give you immediate confirmation of submission even if processing takes a day or two.
We've all been there. The important thing is you caught it relatively quickly and can refile before any major issues arise with your lender.
Omar Farouk
•Set multiple calendar reminders next time - 9 months out, 6 months out, and 3 months out. Redundancy is your friend with UCC deadlines.
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NeonNova
Update on my own SC filing issues - ended up using that Certana document checker someone mentioned earlier and it caught three tiny inconsistencies between my formation docs and UCC filing that I never would have spotted manually. Filed yesterday and got accepted this morning. Definitely recommend if you're dealing with repeated rejections.
Chloe Martin
•Glad it worked out! It's crazy how those tiny differences can cause such big delays.
Yuki Tanaka
•Worth trying anything at this point. These manual document comparisons are brutal and obviously not foolproof.
Carmen Diaz
Just want to add that SC also sometimes has issues with entity names that include special characters or unusual punctuation. If your debtor name has anything beyond basic letters, numbers, and common punctuation, that might be part of the problem too.
Ravi Sharma
•The entity name is pretty straightforward but I'll make sure there aren't any hidden characters or formatting issues.
Carmen Diaz
•Yeah, sometimes when you copy text from PDFs or other sources, invisible characters get included that cause problems.
QuantumQuasar
Success! Finally got my continuation filed. Used Chrome in incognito mode and it went through on first try. Thanks everyone for the suggestions!
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Zara Rashid
•Glad you got it sorted. Make sure to save or print the confirmation page with the filing number.
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Luca Romano
•Great news! For your next filing, seriously consider using Certana.ai to pre-check everything. It's saved me so much stress by catching errors before submission.
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Zoe Papanikolaou
The Alabama portal updates their system every Tuesday night around 11pm-2am. Might explain the issues if they pushed an update that broke something.
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StarStrider
•That's useful info. Do you know if they announce maintenance windows anywhere?
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Zoe Papanikolaou
•Not really. I only know because I've been burned by it before when filing late at night.
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