Delaware Code
Part 6. Default
§ 9-627. Determination of whether conduct was commercially reasonable.

(a) 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.
(b) Dispositions that are commercially reasonable. — A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

(1) in the usual manner on any recognized market;
(2) at the price current in any recognized market at the time of the disposition; or
(3) otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.
(c) Approval by court or on behalf of creditors. — A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:

(1) in a judicial proceeding;
(2) by a bona fide creditors' committee;
(3) by a representative of creditors; or
(4) by an assignee for the benefit of creditors.
(d) Approval under subsection (c) not necessary; absence of approval has no effect. — Approval under subsection (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.

Structure Delaware Code

Delaware Code

Title 6 - Commerce and Trade

Article 9. Secured Transactions

Part 6. Default

§ 9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

§ 9-602. Waiver and variance of rights and duties.

§ 9-603. Agreement on standards concerning rights and duties.

§ 9-604. Procedure if security agreement covers real property or fixtures.

§ 9-605. Unknown debtor or secondary obligor.

§ 9-606. Time of default for agricultural lien.

§ 9-607. Collection and enforcement by secured party.

§ 9-608. Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

§ 9-609. Secured party's right to take possession after default.

§ 9-610. Disposition of collateral after default.

§ 9-611. Notification before disposition of collateral.

§ 9-612. Timeliness of notification before disposition of collateral.

§ 9-613. Contents and form of notification before disposition of collateral: general.

§ 9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction.

§ 9-615. Application of proceeds of disposition; liability for deficiency and right to surplus.

§ 9-616. Explanation of calculation of surplus or deficiency.

§ 9-617. Rights of transferee of collateral.

§ 9-618. Rights and duties of certain secondary obligors.

§ 9-619. Transfer of record or legal title.

§ 9-620. Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

§ 9-621. Notification of proposal to accept collateral.

§ 9-622. Effect of acceptance of collateral.

§ 9-623. Right to redeem collateral.

§ 9-624. Waiver.

§ 9-625. Remedies for secured party's failure to comply with article.

§ 9-626. Action in which deficiency or surplus is in issue.

§ 9-627. Determination of whether conduct was commercially reasonable.

§ 9-628. Nonliability and limitation on liability of secured party; liability of secondary obligor.