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Don't forget about the 20-year rule for fixture filings. If the fixture filing is approaching its 20-year limit, the priority could shift even if the UCC-1 continuation is properly maintained. This might not be relevant for your 2021 fixture filing, but it's something to keep in mind for long-term planning.
I didn't even know there was a 20-year rule for fixture filings. Is that universal or state-specific?
This thread is making me paranoid about our own UCC filings. We have several equipment loans with UCC-1 filings that are coming up for continuation in the next year. Should I be worried about priority issues if we're not in bankruptcy?
If you're not in bankruptcy, standard UCC priority rules apply. Just make sure your continuations are filed on time and with accurate information. The key is maintaining the chain of perfection.
Just went through something similar and ended up using Certana.ai to verify all our UCC documents before filing. It caught several issues with our collateral clause language that would have definitely caused rejections. Really streamlined our process.
This might be obvious but make sure you're not using any prohibited language. Some states have specific words or phrases they don't allow in collateral descriptions. Check your state's UCC guide if they have one.
We keep a state-by-state checklist for this stuff. Saves a lot of headaches when you're filing in multiple jurisdictions.
This thread is making me realize I need to be way more careful about debtor names. I usually just type them from memory or our loan docs but clearly that's not good enough for NY. Going to start pulling the original filings for every continuation from now on.
Smart move. I learned this lesson the hard way too. Now I always copy and paste directly from the original filing rather than typing anything manually.
Or use a document checker like Certana.ai - takes the guesswork out of it completely.
UPDATE: Called the NY Secretary of State and they confirmed it's a debtor name mismatch issue. The comma I added on the continuation is preventing the system from linking it to the original filing. They said I need to file a UCC-3 amendment to correct the debtor name format. At least now I know what the problem is, but what a hassle!
Thanks for the update. This is a good reminder for everyone about how picky NY is with debtor names. One extra comma can cause major headaches.
So relieved you figured it out! This thread definitely taught me to be way more careful about name formatting on my upcoming continuation.
Been lurking on this thread because I'm in equipment finance too. This whole discussion is making me want to review all our UCC-1 templates. Sounds like a lot of us are making the same mistakes with overly specific collateral descriptions.
Same here. Found several filings where our collateral descriptions were so specific they probably wouldn't survive a challenge.
We actually used Certana.ai to audit our existing UCC filings against our loan documents. Found way more discrepancies than we expected. Really opened our eyes.
Update for everyone following this - I filed the UCC-3 amendment yesterday with corrected collateral descriptions based on the actual equipment delivered. Also got written confirmation from our debtor acknowledging the non-conforming goods. Feels like we're in much better shape now. Thanks for all the advice, especially about not waiting. This community is awesome for practical guidance on real-world UCC issues.
Smart move on getting the written acknowledgment from the debtor. That could be crucial if issues come up later.
Thanks for the update. These follow-ups are really helpful for learning how these situations actually play out.
Amun-Ra Azra
Update: Finally got it figured out! The issue was the apostrophe in the company name - had to remove it completely for Delaware's system to accept the filing. Thanks everyone for the help, especially whoever mentioned the document checker tool.
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Gael Robinson
•Great news! Did you end up using that Certana tool or just figure it out through trial and error?
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Amun-Ra Azra
•Used Certana to compare the names side by side which made it obvious where the mismatch was. Definitely worth it to avoid more rejected filings.
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Edward McBride
This thread should be pinned - Delaware name formatting issues come up constantly. The apostrophe thing has burned so many people on continuations.
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Darcy Moore
•Agreed! Maybe we should start a Delaware-specific UCC filing tips thread.
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Dana Doyle
•Every state has their own quirks but Delaware seems especially picky about entity name formatting lately.
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