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BTW - after disposal you'll need to account for proceeds under 9-615. Make sure you have documentation for all expenses (storage, legal, disposal costs) that you can deduct from sale proceeds before applying to the debt.
Aiden Chen
•Good reminder. We've been tracking storage costs since we took possession. Legal fees are adding up too with all the debtor disputes.
Keep detailed records of everything. Reasonable expenses are deductible but "reasonable" can be subjective if the debtor challenges your accounting later.
One last thing - after you dispose of the collateral, if there's still a deficiency, you'll want to make sure your UCC-1 was properly filed in all the right places. If the debtor moves to a different state or changes their organization type, it can affect where you should have filed. Any issues with the original filing could impact your deficiency claim.
Yeah, I've seen cases where a debtor changes from LLC to corporation or moves their principal place of business and it affects the filing requirements retroactively.
This is why I love the Certana.ai tool - upload your original UCC filing with current debtor info and it flags any potential jurisdiction or name issues that could affect your perfection status.
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CyberSamurai
Had this exact scenario 6 months ago. Filed amendment to correct debtor name on Monday, got acceptance Tuesday, filed continuation Wednesday, everything processed by Friday. WV is actually pretty fast once you get the paperwork right.
CyberSamurai
•Just said "correction of debtor name to match current corporate records." Keep it simple and factual.
Good advice. WV doesn't need detailed explanations, just accurate paperwork.
Jamal Carter
Update us when you get this resolved! Always interested to hear how these WV commercial transactions play out since their rules are so strict.
Chloe Harris
•Will do. Going to try the Certana document check first, then probably file the amendment/continuation combo if needed.
Jamal Carter
•Smart approach. Good luck with the filing!
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LilMama23
For Chicago specifically, are you using the Illinois SOS system or going through a third-party service? I've found the official state system sometimes gives different results than commercial search services.
LilMama23
•It's worth doing for high-value deals. Sometimes the commercial services pick up filings that the state system misses or displays differently.
I've seen that too - the state and commercial databases sometimes show different results even though they're supposedly pulling from the same source.
Bottom line - there's no substitute for being thorough with name variations when doing UCC searches. The one filing you miss could be the one that kills your deal. I always assume there might be something I didn't find and search accordingly.
Yuki Tanaka
•Good point. Better to over-search than miss a critical filing. Thanks everyone for the advice - this has been really helpful.
Agreed. The extra time spent on thorough searching is nothing compared to the cost of missing a senior lien.
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Side question but related - does Alabama require you to search by exact entity type? Like if it's an LLC do you have to include 'LLC' in the search?
Nia Johnson
•Yes, Alabama is pretty strict about entity designations in searches. Always include the full legal name with LLC, Inc, etc.
Thanks! That explains why some of my searches have been coming up empty.
Just want to echo what others said about getting the actual documents. Alabama's search summaries are notoriously unreliable. I've seen filings marked as 'Active' that were actually terminated months earlier.
Unfortunately no. Always verify with the source documents, especially for important transactions.
This is why I always budget extra time for Alabama UCC due diligence.
Jungleboo Soletrain
Not trying to pile on, but have you considered that this might be a good time to bring in outside counsel? If you're questioning 200+ filings, that's potentially millions in unsecured exposure.
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Xan Dae
•The thought has crossed my mind, but I'm hoping to resolve this internally first. Legal fees would be astronomical for a full portfolio review.
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Jungleboo Soletrain
•True, but the cost of having invalid liens could be much worse. Maybe start with a spot check of your biggest exposures?
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Rajan Walker
Update us when you get this resolved - I'm dealing with similar debtor name headaches on three different deals right now. Would love to know what works for you.
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Xan Dae
•Will do. Going to try that Certana.ai tool first and see if it catches anything else I'm missing, then probably bite the bullet and file with the exact Articles name.
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Nadia Zaldivar
•Smart approach. Document verification before filing is so much cheaper than fixing rejected filings after the fact.
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