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Miss. Code Ann. § 75-9-627

Determination of whether conduct was commercially reasonable

Derived from former 1972 Code § 75-9-507 [Codes, 1942, § 41A:9-507; Laws, 1966, ch. 316, § 9-507, eff March 31, 1968] and enacted by Laws, 2001, ch. 495, § 1, eff from and after…

The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.

A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

(1) In the usual manner on any recognized market;

(2) At the price current in any recognized market at the time of the disposition; or

(3) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.

(4) By an assignee for the benefit of creditors.

A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:

In a judicial proceeding;

By a bona fide creditors’ committee;

By a representative of creditors; or

Approval under subsection (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.