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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 29. Secured Transactions
- Section 601. Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles, or Promissory Notes.
previous: Section 530. Account.
next: Section 602. Waiver and Variance of Rights and Duties.
AS 45.29.601. Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles, or Promissory Notes.
- (a) After default, a secured party has the rights provided in AS 45.29.601 - 45.29.628 and, except as otherwise provided in AS 45.29.602, those provided by agreement of the parties. A
secured party
- (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by
available judicial procedures; and
- (2) if the collateral is documents, may proceed either as to the documents or as to the goods the documents cover.
- (b) A secured party in possession of collateral or control of collateral under AS 45.29.104
, 45.29.105, 45.29.106, or 45.29.107 has the rights and duties provided in AS 45.29.207
.
- (c) The rights under (a) and (b) of this section are cumulative and may be exercised simultaneously.
- (d) Except as otherwise provided in (g) of this section and AS 45.29.605, after default, a debtor and an obligor have
the rights provided in this part and by agreement of the parties.
- (e) If a secured party has reduced its claim to judgment, the lien of a levy that may be made upon the collateral by
virtue of an execution based on the judgment relates back to the earliest of the date
- (1) of perfection of the security interest or agricultural lien in the collateral;
- (2) of filing a financing statement covering the collateral; or
- (3) specified in a statute under which the agricultural lien was created.
- (f) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure
within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of
any other requirements of this chapter.
- (g) Except as otherwise provided in AS 45.29.607
(c), 45.29.601 - 45.29.628 imposes no duties on a secured party that is a
consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005