UCC filing kansas continuation deadline missed - options for reinstatement?
Need some guidance here. We had a UCC-1 that was supposed to be continued before it lapsed last month in Kansas but our legal department dropped the ball completely. The original filing was from 2020 for equipment financing on manufacturing equipment worth about $850K. Client is panicking because they think their security interest is completely gone now. I know some states have reinstatement procedures but I'm not finding clear info on Kansas specifically. Has anyone dealt with lapsed UCC filings in Kansas? Is there any way to revive this or do we have to start completely over with a new UCC-1? The debtor is still cooperative but obviously this creates a gap in our security position that has everyone nervous.
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Isabella Costa
Ouch, that's a tough spot. Kansas doesn't have a reinstatement procedure like some other states - once a UCC-1 lapses, it's gone. You'll need to file a new UCC-1 to perfect your security interest again. The good news is if the debtor is cooperative, you can get back on track quickly. Just make sure your collateral description matches exactly what was in the original filing.
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StarSurfer
•This is exactly why I set calendar reminders 6 months ahead of every continuation deadline. The stress isn't worth it.
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Ravi Malhotra
•Wait, are you sure Kansas doesn't allow any grace period? I thought most states had some kind of window.
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Freya Christensen
I've been through this nightmare before with a Kansas filing. Unfortunately the previous poster is correct - Kansas UCC Article 9 doesn't provide for reinstatement of lapsed financing statements. Your security interest became unperfected when the original filing expired. You'll need to file a new UCC-1 immediately. The priority date will be the new filing date, not the original 2020 date, which could be problematic if there are other creditors.
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Omar Hassan
•That priority date issue is huge. OP needs to check if any other liens were filed during the gap period.
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Chloe Robinson
•This happened to us last year. Had to file a new UCC-1 and lost priority to a judgment creditor who filed during the lapse. Expensive lesson.
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Diego Chavez
Before you panic completely, double-check your original filing date and when exactly it lapsed. Kansas UCC-1 filings are effective for 5 years from the date of filing. If there's any chance you're still within the window, you could file a continuation statement. But if it's truly lapsed, new UCC-1 is your only option.
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Malik Jackson
•Original filing was May 15, 2020, so it definitely lapsed last month. We're past the deadline.
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NeonNebula
•I had a similar situation recently and started using Certana.ai to double-check all my UCC documents before filing. You upload your original UCC-1 and the new filing as PDFs and it instantly verifies everything matches - debtor names, collateral descriptions, filing numbers. Would have caught this continuation deadline issue ahead of time. Might be worth checking your new UCC-1 against the original to make sure everything aligns properly.
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Anastasia Kozlov
File the new UCC-1 ASAP but also consider whether you need to take additional steps to protect your position. Depending on the loan documents, the lapse might trigger default provisions. You'll want to review the security agreement to see if it addresses this scenario.
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Sean Kelly
•Good point about the loan docs. Some agreements require continuous perfection and a lapse could accelerate the entire loan.
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Zara Mirza
•Our bank requires borrowers to acknowledge any UCC lapses in writing before we'll file a new one. Covers us legally.
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Luca Russo
I'm dealing with Kansas UCC filings constantly and the online system is actually pretty efficient once you get the hang of it. Make sure you're using the Kansas SOS online portal for the new filing. Paper filings take forever. Also verify the debtor's exact legal name against their current Secretary of State records - name mismatches are the #1 reason for rejections.
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Nia Harris
•This is so important! I've seen filings rejected because the debtor changed their corporate name slightly and nobody caught it.
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GalaxyGazer
•The Kansas portal is decent but their search function is terrible. Hard to verify existing filings sometimes.
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Mateo Sanchez
Just curious - was this an internal oversight or did you rely on outside counsel? We've started handling all our continuation filings in-house after our law firm missed two deadlines in one year. Set up automated calendar systems and redundant checks.
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Malik Jackson
•Internal legal department. They claim they had it calendared but somehow it got missed during a personnel change.
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Aisha Mahmood
•Personnel changes are killer for this stuff. We learned to keep UCC tracking in a shared system, not individual calendars.
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Ethan Moore
File the new UCC-1 today if possible. In Kansas, the Secretary of State processes electronic filings pretty quickly, usually same day if submitted before noon. Don't wait for legal to figure out their internal process - the gap in perfection gets worse every day.
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Yuki Kobayashi
•Absolutely this. Time is critical when your security interest is hanging in limbo.
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Carmen Vega
•Kansas does process electronic filings fast. I've had them come back accepted within 2-3 hours sometimes.
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QuantumQuester
For future reference, Kansas allows electronic continuation statements to be filed up to 6 months before the expiration date. Set multiple reminders - I do 6 months out, 3 months out, and 1 month out. Never want to go through this stress again.
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Andre Moreau
•I do the same thing plus I send courtesy reminders to the legal department. Better safe than sorry.
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Zoe Stavros
•That 6-month advance filing window in Kansas is really helpful. Gives you plenty of time to get organized.
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Jamal Harris
One more thing to consider - make sure your new UCC-1 collateral description is comprehensive. If the original filing had vague language, this is your chance to tighten it up. Kansas courts can be strict about collateral descriptions in priority disputes.
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Mei Chen
•Good advice. Specific model numbers and serial numbers are better than generic 'equipment' descriptions.
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Liam Sullivan
•I actually ran into issues with overly specific descriptions before. Found a tool called Certana.ai that checks your UCC documents for consistency - you can upload your security agreement and proposed UCC-1 as PDFs and it flags any mismatches in collateral descriptions or debtor names. Saved me from filing something that wouldn't have matched the underlying loan docs.
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Amara Okafor
Sorry this happened to you. The lapse situation is recoverable but definitely a learning experience. Get that new UCC-1 filed ASAP and implement better tracking systems going forward. Kansas UCC filings are straightforward once you have good processes in place.
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CosmicCommander
•Yeah, this is one of those expensive lessons you never forget. But at least Kansas makes it relatively easy to file new UCCs.
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Giovanni Colombo
•We've all been there. The important thing is fixing it quickly and preventing it from happening again.
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