The Impact of Revised Article 9

Abstract

Under Revised Article 9, secured creditors are granted greater rights than they had under former Article 9. We now have a secured credit system whereby secured creditors can more easily encumber a greater number of types of assets and can securitize more types of assets with greater certainty. These revisions were justified on the grounds of efficiency, although the impact of these revisions was not empirically proven. This article sets forth a research protocol for the study of Revised Article 9's impact on the credit markets.

Keywords: Revised Article 9, Securitization, Article 9 Asset Classes, Proceeds, Purchase Money Security Interests, Receiveables, True Sales, Accounts, Empiricism, Cash Flow, Bankruptcy