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Wis. Stat. § 409.627

Determination of whether conduct was commercially reasonable

Applied in 1 court decision — leading case Cook v. Public Storage, Inc. (2008)

Most recently applied in Cook v. Public Storage, Inc. (September 2008)

2001 a. 10.

(1) GREATER AMOUNT OBTAINABLE UNDER OTHER CIRCUMSTANCES; NO PRECLUSION OF COMMERCIAL REASONABLENESS. 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.

(2) DISPOSITIONS THAT ARE COMMERCIALLY REASONABLE. 48409.627 UCC - SECURED TRANSACTIONS A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

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

(b) At the price current in any recognized market at the time of the disposition; or (c) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.

(3) APPROVAL BY COURT OR ON BEHALF OF CREDITORS. A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:

(a) In a judicial proceeding;

(b) By a bona fide creditors’ committee;

(c) By a representative of creditors; or (d) By an assignee for the benefit of creditors.

(4) APPROVAL UNDER SUB.

(3) NOT NECESSARY; ABSENCE OF APPROVAL HAS NO EFFECT. Approval under sub.

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

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.