W. Va. Code § 46-9-401

Alienability of debtor's rights

Known as the Uniform Commercial Code

The act spans §§ 46–46 (630 sections).

Applied in 4 court decisions — leading case Dodson v. Wessex Mining Corp. (In Re Boden Mining Corp.) (1981)

Most recently applied in Thomas Communications, Inc. v. Allied Financial Corp. II (In Re Thomas Communications, Inc.) (November 1993)

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) of this section and sections 9-406, 9-407, 9-408 and 9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article.

(b) Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.

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