Creditor Protection

Order Description

1. What is an artisan lien? Why would such a lien be placed on an individual?

2. What is an attachment? Why would an attachment be conducted on an individual’s property? How is an attachment different from a seizure using a writ and execution?

3. What is a mechanic’s lien? How can a mechanic’s lien be placed on someone’s property and why would this occur?

4. What is repossession? What types of items can be reposed and what steps would need to be taken to avoid this?

5. What is a secured debt? How can an individual secure a debt and why would they?

6. What is a surety? Have you ever acted as a surety? When and why would an individual acts as a surety?

7. What is a termination statement? When would a termination statement occur?

8. What is wage assignment? Why would a debtor want to voluntarily transfer wages?

9. What is unsecured debt? Provide some examples of an unsecured debt.

10. Harper bought a TV set from a department store and charged it on his charge account. When he failed to pay for the set, the store tried to repossess it. Can the store legally do so? What remedies do either parties have?

11. Stone, a home designer, designed a house for Berry. When Berry failed to pay Stone for her design services, Stone filed a mechanic’s lien against the house. Berry claimed that the lien was invalid because it was not filed for materials used in building the house. Is Berry correct?

12. Berke bought a car from Apex Autos and financed the purchase with an installment loan. Apex failed to file the financing statement. Is Apex protected if Berke sells the car to someone else without paying off the installment loan?

13. Rogers borrowed $10,000 from Upstate Bank, with Rogers’s sister agreeing to act as guarantor of the loan. The loan agreement provided that loan payments were to be made in person. A month after the loan was made, Rogers and the bank agreed that the payments were to be made by mail but did not notify Rogers’s sister of the change. Is Rogers’s sister released from her guaranty?

14. Friendly agreed to act as surety on a loan given by Ace Finance Company to James. When James could not repay the loan, Ace came directly to Friendly for payment without attempting to get the money from James. Friendly refused to pay, claiming that Ace should first try to collect from James. Is Friendly correct?

15. Describe the facts in the 2003 Nikirk case as explained in the LIRN article entitled Tax Lien Upheld on Jointly Owned Property. How does this case tie creditor’s interests to estate planning? What does the author recommend would have been a more appropriate estate planning tool in this case?
PART II
1. Security Bank loaned money to Mr. and Mrs. Russell to buy a 50-foot cabin cruiser. The Russells signed a note and a security agreement. Under the terms of the agreement, an unauthorized sale of the boat constituted a default under the security agreement. The agreement was never filed in any public office. The Russells sold the boat without the bank’s consent, and the bank declared the entire balance of the loan due and payable. The Russells claim that the bank does not have a valid security interest in the boat because the security agreement was never filed. Is the claim correct? (Security Bank of Oregon v. Levens, 257 Or. 630)

2. The Bank of Babylon had a security agreement in connection with a loan to Cherno that authorized the bank, in the event of default, to enter Cherno’s home and retake the collateral.

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