Community Bankers Association of Illinois

Good News! Judge Reverses Requirement of “Birth Certificate” Name on UCC Filings

In January of this year, a federal Bankruptcy Court judge in the Central District of Illinois allowed a bank’s UCC security interest to be voided in a bankruptcy case because the debtor’s name on the financing statement was not the exact name on the debtor’s birth certificate.

CBAI is pleased to report that on August 17th a federal District Court judge for the Central District of Illinois reversed that bankruptcy judge’s decision. The principal reason for the reversal was that the District Court found that the Bankruptcy Court had erroneously imposed a requirement that the debtor’s legal name be used for the UCC security interest to be unassailable, whereas Article 9 of the UCC actually requires only that the debtor’s correct name be on the financing statement.

Any questions about the case or requests for a copy of the District Court’s opinion in Miller vs. State Bank of Arthur can be directed to CBAI General Counsel Jerry D. Cavanaugh by phone at (800) 736-2224 from within Illinois or by e-mail at jerryc@cbai.com.

  800.736.2224 (IL) | 217.529.2265  
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