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§ 9.205 — Delaware Law | CourtGPT
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  3. Delaware/
  4. Title 6 - Commerce and Trade/
  5. Article 9 - Secured Transactions/
  6. Part 2 - Effectiveness of Security Agreement; Attachment of Security Interest; Rights of Parties to Security Agreement§ 9-201. General Effectiveness of Security Agreement/
  7. § 9.205
Delaware Legal Code

§ 9.205

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§§ 9-205. Use or disposition of collateral permissible. (a) When security interest not invalid or fraudulent. — 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) Requirements of possession not relaxed. — 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.72 Del. Laws, c. 401, § 1;