Bankruptcy/UCC

Following up on our recent meeting in Miami, Doug Bates, Bill Wiley, and Jeff Davis have requested that the attached proposed amendment to Articles 3 and 4 of Florida’s UCC be sent out to the full membership of the Bankruptcy / UCC Committee for comment.  Please see the link below. It is Prof. Davis’s opinion that the attached draft goes substantially further than the previous discussions indicated and should be opposed by the Business Law Section.  A white paper and a cover letter are also attached for your consideration.  Actively opposing the amendment will, I believe, require a triple motion to be brought before the BLS Executive Council at or before its next meeting in March.  Accordingly, I would be grateful if any of you who have an opinion on the attached proposal and whether it should be supported by the Business Law Section would provide me with your comments by telephone or e-mail prior to close of business on Friday, February 8.
Thank you for your consideration of this matter.
Best regards,
Hans Beyer
articles 3 and 4

The minutes from the June 28 meeting have been posted to the committee’s website.

http://flabuslaw.org/index.php?//list.committees=2/1 

The proposed changes to Florida Statutes 673 and 674 can be found on the committee webpage.

October 18 in Tampa, October 19 in Miami. Full details on the calendar.

If you attended the June committee Meeting in Orlando, you can find the CLE information here:

CLE Course Numbers

March 8, 2007 in Tampa at the Renaissance Hotel Int’l Plaza

For details, see the calendar:

 http://flabuslaw.org/index.php?//list.calendar=411/1

CLE credit is available if you attended the Bankruptcy/UCC committee meeting in Miami on January 19, 2007. The form can be found here:

http://flabuslaw.org/index.php?//list.committees=2/1 

The Florida Legislature recently passed an amendment to Florida Statutes Section 679.705(b)(3). The amendment provides for an extension of the June 30, 2006 deadline for the effectiveness of certain financing statements filed prior to the effective date of Revised Article 9. Section 679.705(3)(b) now provides a deadline of December 31, 2006 for the effectiveness of such financing statements, but this deadline may prove illusory in many circumstances. Practitioners are well-advised to review the attached article before making any conclusions as to the effects of the amendment to Florida Statutes Section 679.705(3)(b).

http://www.nationalcorp.com/pdfs/Non-Uniform_State_Enactments_of_RA9.pdf#search=%22The%20effect%20of%20Non-Uniform%20State%20Enactments%20of%20Article%209%20on%20the%20Effectiveness%20After%20June%2030%2C%202006%22

Judge Olson was sworn in on February 10, 2006 in Tampa by Circuit Judge Wilson. Judge Isicoff was sworn in on February 13, 2006 in Miami by Judge Barkett. These were private ceremonies.

Judge Mark has entered an Administrative Order describing the procedure for transfer of cases and attaching a list of cases to be transferred. The Administrative Order has been posted on the Bankruptcy Court’s Website and BBASDFL’s website.

See both press releases and the administrative order here: http://bbasdfl.org

Executive Council approved a triple vote of the BKC/UCC Committee’s recommendation to adopt the NCCUSL amendments to the UCC Article 1 subject to rejection of the proposed Section 1.301 (choice of law) effective date upon the date that the Bill becomes law.

You can find a draft of the proposed amendments here:
http://flabuslaw.org/index.php?//list.committees=2/1