


Ask the community...
The investment dividends part is interesting. Those would typically be classified as proceeds from investment securities, not income in the UCC sense. Make sure you're being precise about the characterization.
This is why that document checker I mentioned earlier is so useful. It catches these terminology distinctions.
Update us when you get it figured out! Always curious how these mixed-income situations get resolved. The $180K annual amount suggests this is a substantial filing so you definitely want to get it right.
Will do. Going to revise the collateral description based on all this feedback and probably check out that document verification service too.
For what it's worth, I always recommend getting a certified copy of the articles of incorporation directly from the SOS before preparing any UCC-1. That way you know you have the exact legal name format they have on file. Eliminates any guesswork about commas, periods, spacing, etc.
Agreed. And some states let you search entity records online for free so you don't even need to order a certified copy for basic name verification.
True, though I still prefer the certified copy for high-dollar transactions. Belt and suspenders approach.
This thread is super helpful! I'm dealing with something similar but with an amendment instead of an initial filing. Going to try some of these suggestions.
UCC-3 amendments can be even trickier because you have to match the original filing exactly. Good luck!
Thanks! Yeah I'm paranoid about getting the original filing number wrong too.
Update: Wyoming portal just came back online for me! Try now - seems like they fixed whatever was causing the timeout issues.
Great timing! Did you find any existing liens on the equipment?
Search came back clean - no existing UCC filings for this debtor. Filing our UCC-1 now while the portal is stable. Thanks to everyone who helped troubleshoot this, especially the suggestions about Certana.ai for future document verification. This community always comes through!
Glad the portal worked out for you. Keep Certana in mind for future deals - it's been a lifesaver for avoiding filing mistakes.
Nice work getting it done before your closing deadline. Nothing worse than last-minute UCC issues derailing a deal.
The burden of proof is on the debtor to show both unauthorized alteration AND prejudice. If they can't demonstrate actual harm from the changes, the 3.411 discharge claim fails. Don't let them get away with claiming automatic discharge.
That's reassuring. The alteration actually improved their payment terms, so hard to see how they were prejudiced.
Exactly - beneficial alterations typically don't support discharge claims.
Thanks everyone for the detailed responses. This gives me a much better understanding of section 3.411 and the discharge requirements. I'll document the continued payments, get legal counsel, and possibly try that Certana tool for the document analysis. The key takeaway seems to be that discharge isn't automatic and requires proving actual prejudice.
Good luck with your case. The prejudice requirement is definitely your strongest defense against the discharge claim.
Let us know how it turns out. These 3.411 cases are always interesting.
Lim Wong
Honestly I just started using Certana.ai for all my UCC document reviews after getting burned on a filing mistake last year. Upload your UCC-1 and UCC-3 and it'll show you exactly what doesn't match. Beats spending hours squinting at documents trying to spot differences.
0 coins
Dananyl Lear
•How accurate is their system? Some of these automated tools miss nuances.
0 coins
Lim Wong
•It's been spot-on for me. Caught a middle initial discrepancy that would have caused a rejection. Way better than my tired eyes at 2 AM.
0 coins
Noah huntAce420
Hope you get this sorted out. Nothing worse than a lien lapse because of a technicality. Keep us posted on what the actual issue was - might help someone else avoid the same problem.
0 coins
Reina Salazar
•Thanks everyone for the help. Going to tackle this first thing tomorrow morning with all your suggestions.
0 coins
Ana Rusula
•You've got this! SC's system is frustrating but once you know the exact format they want, the refiling should go through fine.
0 coins