Idaho Code
Part 3 - PERFECTION AND PRIORITY
Section 28-9-326 - PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR.

28-9-326. PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR. (a) Subject to subsection (b) of this section, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and perfected by a filed financing statement that would be ineffective to perfect the security interest but for the application of sections 28-9-316(i)(1) and 28-9-508, Idaho Code, is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement.
(b) The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection (a) of this section. However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor’s having become bound.

History:
[28-9-326, added 2001, ch. 208, sec. 2, p. 749; am. 2012, ch. 145, sec. 7, p. 395.]

Structure Idaho Code

Idaho Code

Title 28 - COMMERCIAL TRANSACTIONS

Chapter 9 - SECURED TRANSACTIONS

Part 3 - PERFECTION AND PRIORITY

Section 28-9-301 - LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS.

Section 28-9-302 - LAW GOVERNING PERFECTION AND PRIORITY OF AGRICULTURAL LIENS.

Section 28-9-303 - LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY A CERTIFICATE OF TITLE.

Section 28-9-304 - LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNTS.

Section 28-9-305 - LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.

Section 28-9-306 - LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN LETTER OF CREDIT RIGHTS.

Section 28-9-307 - LOCATION OF DEBTOR.

Section 28-9-308 - WHEN SECURITY INTEREST OR AGRICULTURAL LIEN IS PERFECTED — CONTINUITY OF PERFECTION.

Section 28-9-309 - SECURITY INTEREST PERFECTED UPON ATTACHMENT.

Section 28-9-310 - WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST OR AGRICULTURAL LIEN — SECURITY INTERESTS AND AGRICULTURAL LIENS TO WHICH FILING PROVISIONS DO NOT APPLY.

Section 28-9-311 - PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS AND TREATIES.

Section 28-9-312 - PERFECTION OF SECURITY INTERESTS IN CHATTEL PAPER, DEPOSIT ACCOUNTS, DOCUMENTS, GOODS COVERED BY DOCUMENTS, INSTRUMENTS, INVESTMENT PROPERTY, LETTER OF CREDIT RIGHTS AND MONEY — PERFECTION BY PERMISSIVE FILING — TEMPORARY PERFECTIO...

Section 28-9-313 - WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY PERFECTS SECURITY INTEREST WITHOUT FILING.

Section 28-9-314 - PERFECTION BY CONTROL.

Section 28-9-315 - SECURED PARTY’S RIGHTS ON DISPOSITION OF COLLATERAL AND IN PROCEEDS.

Section 28-9-316 - EFFECT OF CHANGE IN GOVERNING LAW.

Section 28-9-317 - INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE OF SECURITY INTEREST OR AGRICULTURAL LIEN.

Section 28-9-318 - NO INTEREST RETAINED IN RIGHT TO PAYMENT THAT IS SOLD — RIGHTS AND TITLE OF SELLER OF ACCOUNT OR CHATTEL PAPER WITH RESPECT TO CREDITORS AND PURCHASERS.

Section 28-9-319 - RIGHTS AND TITLE OF CONSIGNEE WITH RESPECT TO CREDITORS AND PURCHASERS.

Section 28-9-320 - BUYER OF GOODS.

Section 28-9-321 - LICENSEE OF GENERAL INTANGIBLE AND LESSEE OF GOODS IN ORDINARY COURSE OF BUSINESS.

Section 28-9-322 - PRIORITIES AMONG CONFLICTING SECURITY INTERESTS IN AND AGRICULTURAL LIENS ON SAME COLLATERAL.

Section 28-9-322A - SECURITY INTERESTS IN CROPS FOR PROVISION OF AGRICULTURAL CHEMICALS.

Section 28-9-323 - FUTURE ADVANCES.

Section 28-9-324 - PRIORITY OF PURCHASE-MONEY SECURITY INTERESTS.

Section 28-9-325 - PRIORITY OF SECURITY INTERESTS IN TRANSFERRED COLLATERAL.

Section 28-9-326 - PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR.

Section 28-9-327 - PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNT.

Section 28-9-328 - PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.

Section 28-9-329 - PRIORITY OF SECURITY INTERESTS IN LETTER OF CREDIT RIGHT.

Section 28-9-330 - PRIORITY OF PURCHASER OF CHATTEL PAPER OR INSTRUMENT.

Section 28-9-331 - PRIORITY OF RIGHTS OF PURCHASERS OF INSTRUMENTS, DOCUMENTS AND SECURITIES UNDER OTHER CHAPTERS — PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS UNDER CHAPTER 8.

Section 28-9-332 - TRANSFER OF MONEY — TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT.

Section 28-9-333 - PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW.

Section 28-9-334 - PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS.

Section 28-9-335 - ACCESSIONS.

Section 28-9-336 - COMMINGLED GOODS.

Section 28-9-337 - PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY CERTIFICATE OF TITLE.

Section 28-9-338 - PRIORITY OF SECURITY INTEREST OR AGRICULTURAL LIEN PERFECTED BY FILED FINANCING STATEMENT PROVIDING CERTAIN INCORRECT INFORMATION.

Section 28-9-339 - PRIORITY SUBJECT TO SUBORDINATION.

Section 28-9-340 - EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT.

Section 28-9-341 - BANK’S RIGHTS AND DUTIES WITH RESPECT TO DEPOSIT ACCOUNT.

Section 28-9-342 - BANK’S RIGHT TO REFUSE TO ENTER INTO OR DISCLOSE EXISTENCE OF CONTROL AGREEMENT.