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Update us on how this turns out! I have a similar situation brewing with one of my borrowers and I'm dreading having to deal with it.
Will do. Hopefully I can get this resolved without losing our security interest. Thanks everyone for the advice - definitely filing that amendment this week.
Good luck! Bankruptcy security agreement enforcement is never fun but at least you caught the issue before it was too late.
Just wanted to add - if you're dealing with equipment collateral worth $2.8M, you might also want to consider whether any of it qualifies as fixtures that need special UCC filing treatment. Sometimes equipment gets reclassified during bankruptcy proceedings.
Manufacturing equipment bolted to the floor almost always needs fixture filings. You might have bigger problems than just the name change issue.
Just went through this same headache with a Texas filing. Turned out the company had registered their name with '&' but was using 'and' in all their business documents. The UCC system only accepted the registered version with the ampersand. Check for any abbreviation differences like that.
Because then you'd have multiple filings for the same entity and it would be impossible to do proper lien searches. The system needs exact matches to work reliably.
I used that Certana document checker mentioned earlier and it would have caught this issue immediately. Really wish I'd known about it sooner - would have saved me a week of back-and-forth with rejections.
Quick update - I found the issue! It was exactly what everyone suggested about punctuation. The SOS database showed 'ABC Manufacturing LLC' without the comma, but all our loan documents had 'ABC Manufacturing, LLC' with the comma. Refiled this morning with the exact SOS format and it went through immediately. Thanks everyone for the help - this forum saved my deal!
Just a thought but if you're this concerned about missing something, you might want to consider filing a broad UCC-1 that covers more collateral categories than you think you need. Better safe than sorry with lien priority issues.
True, but at least ensures you're covered on the collateral you're taking. The search is still important for knowing your priority position.
Right, we need to know what we're potentially subordinate to.
Update: I ended up trying that Certana tool someone mentioned earlier and it caught two name format issues I wouldn't have thought to check. Apparently the borrower had an old DBA filing that used a slightly different name format. Really glad I caught that before we proceeded.
UPDATE: I found the problem! It was exactly what someone mentioned about the LLC suffix. They had it registered as 'L.L.C.' with periods but I was using 'LLC' without periods. Once I changed that, the filing went through immediately. Thanks everyone for the help!
This thread is super helpful. I'm bookmarking it because I know I'll run into this exact issue eventually. The LLC suffix thing especially - never would have thought about periods vs no periods making a difference.
Same here. Really good reminder to always go to the source database rather than relying on other documents.
The document verification tool mentioned earlier sounds useful too. Might save time on complex filings with multiple parties.
Zara Khan
Quick follow up - did you remember to include the LLC's registered agent address? Some states are picky about having complete debtor information.
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Natasha Petrov
•Yes the registered agent address is included. I think it's definitely the name format issue based on what everyone's saying here.
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MoonlightSonata
FINAL UPDATE: Found the issue! The state database had the name as "Bayou Construction Equipment LLC" (no comma) but the articles of incorporation had "Bayou Construction Equipment, LLC" (with comma). Filed with the database version and it went through immediately. Thanks everyone for the suggestions!
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Nia Williams
•Great news! Now you know for future Louisiana filings to always check their database first.
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Luca Ricci
•Perfect example of why document verification tools are so useful. Saves so much time vs trial and error.
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