Section 4-4-201(a) states that a collecting bank “is an agen…
Section 4-4-201(a) states that a collecting bank “is an agent or sub-agent of the owner of the item.” Further, the statute states, “This provision applies regardless of the form of indorsement or lack of indorsement. . . .” A check payable to a party and deposited in that party’s account makes the party the “owner” of the check under the UCC. The bank is in ________________________ of the check.
Read DetailsOne policy reason under Section 2-207 of the UCC, the “battl…
One policy reason under Section 2-207 of the UCC, the “battle of the forms” section, is to place responsiblity on merchants to pay attention to the purchase orders they sign. The seller should read the purchase order that has been received and, if it contains conflicting terms on which the UCC provides unfavorable default positions, the seller should refuse to proceed with the transaction—not perform—until a suitable express agreement has been reached.
Read DetailsThrough the “means test,” a bankruptcy court can evaluate an…
Through the “means test,” a bankruptcy court can evaluate an individual debtor’s monthly income in recent months is compared to median income in the geographic area where the person lives. If debtor’s income is below the median income, the debtor is allowed to file Chapter 7, as there is no presumption of bankruptcy abuse. Otherwise, they file for Chapter 13.
Read Details