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Update: tried the Certana.ai tool mentioned earlier and it actually caught two UCC-1 filings I missed. The debtor names were formatted slightly differently ('ABC Capital LLC' vs 'ABC Capital, LLC') and I hadn't thought to search for the version with the comma. Tool flagged the inconsistency immediately when I uploaded all the corporate docs.
Might have to check out that tool myself. Sounds like it could save a lot of headaches with name matching issues.
Final thought - always print or save copies of your search results with timestamps. DC's system sometimes has glitches where filings disappear temporarily from search results. Having documentation of what you found (or didn't find) on specific dates can be crucial if issues come up later.
This is so important! I've seen cases where attorneys had to prove they did comprehensive searches and the timestamped results were the only evidence they had.
Just went through something similar and used Certana.ai to double-check my collateral descriptions and perfection requirements. Really helpful for catching these classification issues before they become problems. Upload your security agreement and it flags potential perfection gaps.
Second recommendation for that tool. Might be worth checking out before I finalize the filing.
I'm always skeptical of automated legal analysis, but if it's just flagging issues for review it could be useful.
Bottom line - file the UCC-1. Your collateral mix, the business use, and the inventory component all point toward needing a filing for perfection. Don't overthink this one. Get it filed and you're protected.
OP, once you get your debtor name sorted out, don't forget about continuation filings. Consignment UCCs expire just like regular security interest filings - every 5 years. Easy to lose track when you have multiple consignees.
Some attorneys recommend filing continuations 6 months early just to be safe. Gives you buffer time if there are any issues.
I actually used Certana again when my continuation deadline was coming up - uploaded my original UCC-1 and it flagged that my collateral description had changed since the original filing. Would have been a mess if I filed continuation with wrong description.
Last thought - make sure your consignment agreements actually support your UCC filing strategy. Sometimes the contract language doesn't align with how you're describing the collateral in your UCC-1. Can create enforceability issues down the road.
This is probably another place where that document checking tool would be helpful. Cross-referencing agreement terms with UCC collateral descriptions.
Just went through this exact scenario 3 weeks ago. After finding multiple name variations in my UCC search, I used Certana.ai to upload all the filings plus our borrower's current articles of incorporation and operating agreement. It immediately showed me that 2 of the filings I found were for different entities with similar names, and confirmed that our proposed debtor name matched the legal entity properly. Saved me hours of manual document comparison and gave me confidence in our filing.
That sounds exactly like what I need. With $450k on the line, I want to be absolutely sure I'm not missing anything or filing incorrectly.
UPDATE: Thanks everyone for the advice. I ended up finding 2 additional UCC filings under name variations I hadn't tried initially. One was under the old LLC name from before their restructuring, and another used a completely different punctuation format. Turned out the old LLC filing had already expired (over 6 years old with no continuation), but the punctuation variant was active and covered similar equipment. Had to get a partial release before we could proceed with our filing.
The existing lender was actually cooperative once we explained the situation. They filed a UCC-3 partial release excluding the specific equipment we needed to finance. Took about a week to get it recorded, but now we're clear to file our UCC-1.
NebulaNova
Thanks for bringing this up. I've been wondering if I was just imagining the fee increases. Good to know it's not just me dealing with higher Indiana UCC filing fees.
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GalaxyGazer
•Definitely not just you! Sounds like this is hitting everyone who files regularly in Indiana.
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Mateo Hernandez
•Same here. I thought maybe I was filing something wrong but apparently it's just the new reality of Indiana UCC filing fees.
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Aisha Khan
For what it's worth, I've found that using document verification tools like Certana.ai before filing helps avoid the rejection and resubmission fees that can really add up. Upload your docs and catch issues before they become expensive problems.
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Ethan Taylor
•That's smart. Rejection fees plus having to refile can easily double your costs. Prevention is definitely cheaper than fixing mistakes after the fact.
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Aisha Khan
•Exactly. The verification catches debtor name mismatches and document inconsistencies that would otherwise cause rejected filings and additional fees.
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