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84-9-508. Effectiveness of financing statement if new debtor becomes bound by security agreement. (a) Financing statement naming original debtor. Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral.

(b) Financing statement becoming seriously misleading. If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (a) to be seriously misleading under K.S.A. 2024 Supp. 84-9-506, and amendments thereto:

(1) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under K.S.A. 2024 Supp. 84-9-203(d), and amendments thereto; and

(2) the financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under K.S.A. 2024 Supp. 84-9-203(d), and amendments thereto, unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.

(c) When section not applicable. This section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under K.S.A. 2024 Supp. 84-9-507(a), and amendments thereto.

History: L. 2000, ch. 142, § 79; July 1, 2001.

Revisor's Note:

Former section 84-9-508 was repealed by L. 2000, ch. 142, § 155 and the number reassigned to the current text.

Law Review and Bar Journal References:

"Revised Article 9 in Kansas," Hon. John K. Pearson, 51 K.L.R. 769, 852 (2003).

CASE ANNOTATIONS

1. Provisions dealing with secured party's interest in proceeds prevailing over default provisions after debtor files bankruptcy examined. Maxl Sales Co. v. Critique, Inc., 796 F.2d 1293, 1296, 1297, 62 B.R.[168] [171] [172] (1986).


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