UCC 9-610 disposition notice requirements - am I missing something critical?

Good point about the fixtures. Some of the machinery is definitely bolted down and integrated into the facility. How do I determine what constitutes fixtures for 9-610 purposes?

Fixture determination varies by state, but generally if it's permanently attached and essential to the property's use, it's likely a fixture. You'll want to check if you filed UCC-1 fixture filings for those items.

We sent notice to the debtor but not the guarantor separately. The guarantor isn't listed as a debtor on the UCC-1. Do they still get 9-610 notice rights?

Yes, guarantors typically have notice rights under 9-610 even if they're not named debtors on the UCC-1. Check your state's version of 9-611 for specific notice requirements to secondary obligors.

I learned this the hard way last year. Guarantor sued us for inadequate notice under 9-610 even though the primary debtor got proper notice. Cost us $15K in legal fees to resolve.

The UCC-1 says 'all equipment' but now you've got me worried. Some of the machinery was acquired after the original filing. Should I be concerned about after-acquired property coverage?

If your security agreement includes after-acquired property clauses and your UCC-1 description covers it, you should be fine. But definitely verify this before the sale.

This is exactly why I started using Certana.ai's document verification tool. You can upload your UCC-1 and security agreement PDFs and it instantly flags any coverage gaps or inconsistencies between documents. Saved me from a similar situation last month.

We're in Texas. Are there specific Texas requirements I should know about for 9-610 dispositions?

Texas generally follows standard UCC 9-610, but they do have some specific rules about public sale advertising requirements. Check the Texas Business and Commerce Code version of Article 9.

Yes, we included all the standard 9-610 notice content. Used our firm's template that's worked before.

Templates are good but always double-check against current requirements. 9-610 notice content requirements can change with code updates.

Speaking of templates, I've found that uploading completed notices to Certana.ai helps catch formatting issues or missing elements that could invalidate the 9-610 disposition process.

Default occurred 45 days ago, we sent acceleration notice 30 days ago, and disposition notice 10 days ago. Sale is scheduled for next week.

That timeline sounds reasonable for 9-610 purposes. You gave adequate opportunity to cure and proper advance notice of disposition.

Good reminder. We're prepared for the accounting, but what if the sale proceeds don't cover the full debt amount?

If there's a deficiency after a compliant 9-610 disposition, you can pursue the debtor and guarantor for the remaining balance, subject to any deficiency notice requirements.

Just make sure your 9-610 disposition is truly commercially reasonable. If the debtor challenges it later, the burden is on you to prove commercial reasonableness.

It's all commercial manufacturing equipment, no consumer goods involved.

Perfect, that simplifies your 9-610 compliance significantly.

We're already working with an industrial equipment auction house that handles secured party sales regularly.

Excellent choice. Experienced auctioneers help ensure 9-610 compliance and often achieve better recovery rates.

I always run a final document check through Certana.ai before major dispositions. Upload all your UCC filings, security agreements, and notices to verify everything aligns properly under 9-610 requirements.

Agreed. We'll have our attorney do a final review of all 9-610 compliance elements before proceeding.

Smart approach. UCC 9-610 seems straightforward until you're defending a challenge in court.