Secured Transactions

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Kutak Rock represents banks, other financial institutions and borrowers in numerous types and sizes of secured credit facilities and other commercial lending transactions secured by personal property interests. Our commercial lawyers have significant expertise with regard to all aspects of UCC Article 9. To achieve our clients’ goal of successfully closing the loan, our experienced commercial lawyers address all types of challenging issues affecting secured transactions. We advise secured lenders in the creation, perfection and maintenance of their security interests (and the priority of such security interests) involving all types of collateral, including equipment, inventory, accounts receivable, investment property, instruments, intangible property and fixtures. We advise clients regarding events unique to secured transactions which have an impact on the continued perfection or priority of their security interests, including changes in the name or location of the debtor, assignments and transfers of collateral, maintaining purchase money liens over after-acquired property interests and many other matters. Our lawyers are skilled in the preparation and negotiation of subordination agreements and intercreditor agreements to protect our clients’ interests in shared collateral. We have extensive expertise in assisting clients with the enforcement of their security interests, including the repossession of collateral and foreclosure sales and other dispositions under UCC Article 9.

Our firm’s vast experience in handling secured transactions is complemented by our prominent and nationally recognized bankruptcy practice representing both secured creditors and business debtors in all aspects of  reorganization, asset sales and other workout proceedings.

As UCC Article 9 continues to evolve, our commercial lawyers remain active in advising clients of new developments and creating solutions to help them achieve their business goals in a changing environment.