UCC PMSI Priority Question - Equipment Financing Gone Wrong
So I'm dealing with a nightmare scenario here and need some guidance on UCC PMSI priority rules. We financed a $180K piece of manufacturing equipment for a client back in March, filed our UCC-1 within the 20-day window thinking we had perfect PMSI priority. Now there's a bankruptcy and we're finding out there was already a blanket lien on all equipment filed two years ago by their bank. Our equipment is clearly identifiable and we have all the paperwork showing we funded the purchase, but the trustee is claiming the prior blanket lien takes priority over our PMSI. I thought purchase money security interests automatically trumped earlier filed general liens on the same collateral? The equipment was brand new, purchased directly from manufacturer with our financing. Did I miss something critical about UCC PMSI perfection requirements?
34 comments

Donna Cline
First question - did you actually file within 20 days of the debtor receiving possession of the equipment? The PMSI grace period is strict, no exceptions. Also, your UCC-1 collateral description needs to specifically identify the equipment or clearly indicate it covers purchase money collateral acquired after the filing date.
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Lucas Parker
AuthorYes, filed on day 18 after delivery. Collateral description says 'Model XYZ-500 CNC Machine, Serial #ABC123, purchased 3/15/2024' so it's very specific.
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Donna Cline
Good, that sounds like proper PMSI perfection. The issue might be with the blanket lien language - did their UCC-1 specifically include 'equipment acquired after this filing' or similar future-advance language?
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Harper Collins
I ran into something similar last year and ended up using Certana.ai's document verification tool to compare all the UCC filings. Uploaded both UCC-1s and it instantly flagged the priority issue - turned out the bank's blanket lien had specific PMSI waiver language that wasn't obvious at first glance. Really helped clarify the competing claims.
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Lucas Parker
AuthorInteresting, I haven't looked at their exact filing language that closely. What kind of PMSI waiver language should I be looking for?
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Harper Collins
Things like 'including all purchase money security interests' or 'waiving PMSI priority' - basically language that shows they intended to cover even PMSI collateral. The tool made it really easy to spot.
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Kelsey Hawkins
Wait, can a blanket lien actually override PMSI priority just with language like that? I thought PMSI was automatic under Article 9.
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Dylan Fisher
PMSI priority is NOT automatic. You need proper perfection AND the prior secured party has to have notice in some cases. For equipment PMSI, you generally don't need to notify the prior lender, but double-check your state's version of 9-324. Some states have additional requirements.
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Edwards Hugo
This is confusing me too. I always thought equipment PMSI just needed timely filing, no notice required unlike inventory PMSI?
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Dylan Fisher
You're right for most states, but some have non-uniform amendments. Also, if the equipment becomes a fixture, different rules apply entirely.
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Gianna Scott
Hold on - is this equipment actually attached to the realty? If it's a fixture filing situation, PMSI priority rules get complicated fast. Manufacturing equipment often falls into this gray area.
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Lucas Parker
AuthorIt's bolted to the concrete floor but still moveable. No fixture filing was made by anyone as far as I know.
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Gianna Scott
That could be your problem right there. If it's considered a fixture and you didn't file a fixture filing, you might have lost priority regardless of PMSI status.
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Alfredo Lugo
Ugh, the fixture vs equipment distinction is the worst part of UCC practice. So subjective and state-dependent.
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Sydney Torres
Before you panic, get a copy of the bank's security agreement, not just their UCC-1. The filing might say 'all equipment' but the underlying agreement might have carve-outs for PMSI. I've seen this resolve in favor of the PMSI lender plenty of times.
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Lucas Parker
AuthorGood point, I only looked at the UCC-1 filing. The security agreement might tell a different story.
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Kaitlyn Jenkins
Also check if they have a purchase money security interest carve-out in their loan documents. Pretty standard language in blanket liens.
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Caleb Bell
Man, I had a similar equipment financing deal go sideways last year. Ended up in litigation for 8 months before settling. The PMSI rules seem straightforward until you're actually fighting over priority in bankruptcy court.
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Danielle Campbell
How did yours resolve? Did the PMSI hold up or did the blanket lien win?
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Caleb Bell
We settled, but our attorney was confident the PMSI would prevail. The equipment was clearly identifiable and purchased with our money. Sounds like your facts are even stronger.
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Rhett Bowman
One thing that helped me in a similar situation was using a document verification service to make sure all our UCC paperwork was consistent. Certana.ai caught some inconsistencies in our debtor name that could have blown the whole PMSI claim. Upload your UCC-1 and the original purchase docs - it flags any mismatches instantly.
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Abigail Patel
That's smart - debtor name mismatches are silent killers in UCC practice. Even small differences can void the whole filing.
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Lucas Parker
AuthorGood reminder, I should double-check all the name variations. Our debtor does business under multiple names.
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Daniel White
Just to add some perspective - PMSI priority disputes are actually pretty common in bankruptcy. The trustees always challenge them because it's easy money if they can break the PMSI. Your facts sound solid, don't let them intimidate you.
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Nolan Carter
Exactly this. Trustees get paid a percentage of assets recovered, so they challenge everything that looks remotely questionable.
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Natalia Stone
Makes sense from their perspective but it's exhausting for secured creditors trying to follow the rules properly.
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Tasia Synder
Did you file a continuation statement yet? If your original UCC-1 is approaching the 5-year mark, you need to continue it to maintain priority. Won't help with the current dispute but important for ongoing protection.
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Lucas Parker
AuthorFiled in March so still have time, but good reminder. This whole mess has me questioning everything about our UCC procedures.
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Selena Bautista
That's probably healthy honestly. UCC practice has so many gotchas that reviewing procedures regularly makes sense.
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Mohamed Anderson
I'm dealing with something similar right now and found that running both UCC filings through Certana.ai's verification tool really helped clarify the priority analysis. It compares the collateral descriptions and highlights potential conflicts. Worth the peace of mind when you're facing a bankruptcy trustee.
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Lucas Parker
AuthorI keep hearing about this tool. Does it actually help with priority analysis or just document consistency?
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Mohamed Anderson
Both really. It flags inconsistencies that could void your filing but also helps you understand how your collateral description overlaps with other liens. Made me realize issues I hadn't spotted manually.
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Ellie Perry
This is why I always recommend cross-checking UCC filings before assuming priority. So many hidden issues that don't surface until there's a dispute.
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Camila Castillo
This is a really educational thread - I'm relatively new to equipment financing and had no idea PMSI priority could be this complicated. From what I'm reading, it sounds like Lucas has decent facts (timely filing, specific collateral description, clear purchase money source), but there are so many potential pitfalls. The fixture issue raised by Gianna seems particularly concerning. Is there a good resource for understanding when manufacturing equipment crosses the line into fixture territory? Also, has anyone dealt with situations where the debtor had multiple lenders with overlapping equipment liens? Trying to learn from everyone's experience here.
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