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N.Y. U.C.C. 9-627

Determination of Whether Conduct Was Commercially Reasonable

Known as the Uniform Commercial Code

The act spans §§ 1–12 (253 sections).

2014-09-22

Section 9--627. Determination of Whether Conduct Was Commercially\n Reasonable.\n (a) Greater amount obtainable under other circumstances; no preclusion\nof commercial reasonableness. The fact that a greater amount could have\nbeen obtained by a collection, enforcement, disposition, or acceptance\nat a different time or in a different method from that selected by the\nsecured party is not of itself sufficient to preclude the secured party\nfrom establishing that the collection, enforcement, disposition, or\nacceptance was made in a commercially reasonable manner.\n (b) Dispositions that are commercially reasonable. A disposition of\ncollateral is made in a commercially reasonable manner if the\ndisposition is made:\n (1) in the usual manner on any recognized market;\n (2) at the price current in any recognized market at the time of\n the disposition; or\n (3) otherwise in conformity with reasonable commercial practices\n among dealers in the type of property that was the subject of\n the disposition.\n (c) Approval by court or on behalf of creditors. A collection,\nenforcement, disposition, or acceptance is commercially reasonable if it\nhas been approved:\n (1) in a judicial proceeding;\n (2) by a bona fide creditors' committee;\n (3) by a representative of creditors; or\n (4) by an assignee for the benefit of creditors.\n (d) Approval under subsection (c) not necessary; absence of approval\nhas no effect. Approval under subsection (c) need not be obtained, and\nlack of approval does not mean that the collection, enforcement,\ndisposition, or acceptance is not commercially reasonable.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.