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Scenario:
The Whites, Carole and Jim, owned DiWine, Inc., a wine shop. The Whites needed money for the business, and borrowed money from ABC Bank (ABC). They personally and on behalf of the DiWine Corporation executed a promissory note, security agreement, and financing statement to ABC. ABC properly filed a security agreement and financing statement naming DiWine's inventory, stock in trade, furniture, fixtures and equipment "now owned or hereafter to be acquired" as collateral. The Whites also later borrowed money from a junior lienholder, whose promissory note was secured by the same collateral. DiWine subsequently defaulted on both notes. Without informing ABC, the junior lienholder took possession of the assets of DiWine and transferred them to a newly formed corporation, Glass, Inc. ABC feared the collateral would not be adequately protected, thus, filed a motion to enforce its security interest.
A. Can ABC enforce its security interest even though the collateral was transferred to another party? Why or why not?
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