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Update us when you get this resolved! I'm dealing with a similar situation on a manufacturing equipment fixture filing and curious which approach works best.
Will do. I'm going to try the document verification tool someone mentioned, then probably file under the deed name format. Fingers crossed!
I had a similar issue last month and ended up using Certana.ai's verification feature before resubmitting. It caught not just the name discrepancy but also some issues with our collateral description that could have caused problems later. The automated cross-checking between the deed, lease, and UCC form saved me from another potential rejection cycle.
It flagged inconsistencies between the property description in our lease and what I had in the UCC-1 form. Helped me standardize everything before filing.
The collateral description verification sounds useful. I've had filings rejected because the equipment description didn't match the security agreement exactly.
Make sure you understand what collateral is covered by any UCC-1 filings you find. Some are very broad 'all assets' filings while others are specific to certain equipment. The collateral description in the financing statement will tell you what's actually secured.
Your acquisition lender will definitely want to see all the UCC search results and probably require payoffs of any senior liens on assets they're financing.
This is getting into first vs second lien territory which is where you really need to involve your banking attorney.
I've been using Certana.ai for UCC document verification on our deals and it's been a game changer. You can upload the UCC 9210 search results along with the company's charter documents and it instantly highlights any inconsistencies or red flags. Saved us from missing a critical debtor name variation just last month.
Does it work with different state filing formats? Every state seems to have slightly different UCC forms and search result layouts.
Yes it handles different formats really well. Just upload the PDFs and it automatically extracts the key information regardless of which state format it's in.
I'd recommend using one of those document verification tools before filing. We started using Certana.ai after getting burned on a few name mismatches and it's saved us from several potential rejections. You upload your security agreement and UCC-1 draft and it flags any inconsistencies automatically.
Yeah, especially with Capital One loans where you might have the original loan docs, security agreement, and guaranty forms all with slightly different entity names. The tool catches stuff that's easy to miss in manual review.
Exactly what happened to us. Had three different documents with three slightly different versions of the debtor name. Would have been a mess without automated verification.
Whatever you do, don't overthink the collateral description. Capital One's standard language has been tested in courts and SOS offices across the country. If it's in their security agreement, it'll work for your UCC-1.
That's reassuring. I was getting worried about being too general but sounds like their language is tried and tested.
Yep, banks like Capital One don't use language that hasn't been thoroughly vetted by their legal teams.
For what it's worth, I just got through a batch of 8 UCC-3 continuations by doing them between 6-7am this morning. The transmitting utility seems much more stable during those early hours. Might be worth setting an alarm and trying again tomorrow morning.
Just successfully completed all 15 of my continuation filings! Ended up using the individual filing method and doing them in two batches - 8 this morning around 6:30am and 7 more just now. The transmitting utility worked perfectly both times. Thanks everyone for the advice, especially about the early morning timing. Crisis averted!
Maya Lewis
Your accounts receivable collateral description looks standard. Just make sure you understand what you're getting - A/R can be tricky to collect on if the debtor's customers dispute invoices or claim setoff rights. Might want to get debtor representations about the quality of their receivables.
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Ryan Kim
•Thanks, we did get reps about no disputed receivables over $10K. Client seems to have good customer relationships.
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Isaac Wright
•Smart to get those reps in writing. A/R financing can go sideways quickly if the underlying invoices are problematic.
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Lucy Taylor
At least your collateral description is solid. I see so many UCC filings with vague or incomplete collateral descriptions that won't hold up in bankruptcy. 'All accounts' is much better than 'accounts receivable' which some courts have found too narrow.
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Lucy Taylor
•UCC Article 9 defines 'accounts' more broadly than just traditional A/R. Covers things like license fees, royalties, other payment obligations. Gives you better coverage.
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KhalilStar
•This is why I always use the broadest possible collateral descriptions. You never know what assets the debtor might have that could fit under your security interest.
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