Foreclosing on the building

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Reference no: EM133389038

Everyone sat silently in the conference room until the receptionist said, "You can go in." An impressive, long table stood in the middle of the mahogany-paneled room. Both parties sat down and were soon joined by a panel of three arbitrators. They told everyone that they had read the file, were familiar with the facts of the case, and were present as a neutral panel. The aggrieved/injured party explained that she wanted to reach some kind of agreement before the day is through. The other side, a manager of a restaurant, was accused of sexual discrimination concerning the woman, who was a former employee of the restaurant. The case had been assigned to arbitration under a mandatory statute in Missouri.

1. Assume for this question only that a bank is foreclosing on the building in which the arbitration is taking place. Provide an analysis of the bank's rights to sell the table to another buyer under the UCC. Assume also that another secured creditor has a claim against the table under Article 9. What legal principles apply to the mutual claims under these facts? Discuss attachment and perfection, as well as any other applicable rules of law arising from these facts.

 

Reference no: EM133389038

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