28-9-205. USE OR DISPOSITION OF COLLATERAL PERMISSIBLE. (a) A security interest is not invalid or fraudulent against creditors solely because:
(1) The debtor has the right or ability to:
(A) use, commingle or dispose of all or part of the collateral, including returned or repossessed goods;
(B) collect, compromise, enforce or otherwise deal with collateral;
(C) accept the return of collateral or make repossessions; or
(D) use, commingle or dispose of proceeds; or
(2) The secured party fails to require the debtor to account for proceeds or replace collateral.
(b) This section does not relax the requirements of possession if attachment, perfection or enforcement of a security interest depends upon possession of the collateral by the secured party.
History:
[28-9-205, added 2001, ch. 208, sec. 2, p. 724.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 9 - SECURED TRANSACTIONS
Section 28-9-201 - GENERAL EFFECTIVENESS OF SECURITY AGREEMENT.
Section 28-9-202 - TITLE TO COLLATERAL IMMATERIAL.
Section 28-9-204 - AFTER-ACQUIRED PROPERTY — FUTURE ADVANCES.
Section 28-9-205 - USE OR DISPOSITION OF COLLATERAL PERMISSIBLE.
Section 28-9-206 - SECURITY INTEREST ARISING IN PURCHASE OR DELIVERY OF FINANCIAL ASSET.
Section 28-9-207 - RIGHTS AND DUTIES OF SECURED PARTY HAVING POSSESSION OR CONTROL OF COLLATERAL.
Section 28-9-208 - ADDITIONAL DUTIES OF SECURED PARTY HAVING CONTROL OF COLLATERAL.
Section 28-9-209 - DUTIES OF SECURED PARTY IF ACCOUNT DEBTOR HAS BEEN NOTIFIED OF ASSIGNMENT.