The Delaware Supreme Court has found that a mistake in a UCC-3 termination statement does not invalidate the document under the state's Uniform Commercial Code. The decision, on a certified question from the United States Court of Appeals for the Second Circuit, and after oral arguments broadcast by CVN, affects a nearly $1.5 billion loan by J.P. Morgan to the former General Motors. In re Motors Liquidation Co.
Delaware Supreme Court Rules Mistake in Termination of $1.5B J.P. Morgan Loan Stands Under UCC
Posted by Arlin Crisco on Oct 23, 2014 2:58:00 PM
Topics: UCC, CVN National, News, In Re Motors Liquidation Co.
J.P. Morgan Argues That Mistake in UCC Filing Did Not Terminate Its Interest in $1.5 Billion Loan to GM
Posted by Arlin Crisco on Oct 9, 2014 2:48:22 PM
Topics: Bankruptcy, UCC
Does Mistaken UCC Filing Terminate $1.5B Security Interest in GM Bankruptcy? CVN to Cover Delaware Supreme Court Arguments
Posted by Arlin Crisco on Oct 7, 2014 1:29:57 PM
CVN will broadcast live from the Delaware Supreme Court Wednesday as it hears arguments striking to the heart of what’s needed to terminate a security interest under that state’s uniform commercial code. In Re Motors Liquidation Co., et al.
The case’s central question stems from two secured transactions, a synthetic lease and a $1.5 billion term loan, taken out by General Motors, with J.P. Morgan as the secured party of record. Both transactions were secured by UCC-1 financing statements. However, when the parties filed UCC-3 forms to repay the synthetic lease, one of those forms mistakenly listed the term loan.
Topics: Bankruptcy, UCC