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§ 26-1-9-1-323 — Indiana Law | CourtGPT
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  3. Indiana/
  4. Title 26 - Commercial Law/
  5. Article 1 - Uniform Commercial Code/
  6. Chapter 9.1 - Secured Transactions26-1-9.1-101. Short Title/
  7. § 26-1-9-1-323
Indiana Legal Code

§ 26-1-9-1-323

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1-322(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:(1) is made while the security interest is perfected only:(A) under IC 26-1-9.1-309 when it attaches; or(B) temporarily under IC 26-1-9.1-312(e), IC 26-1-9.1-312(f), or IC 26-1-9.1-312(g); and(2) is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under IC 26-1-9.1-309, IC 26-1-9.1-312(e), IC 26-1-9.1-312(f), or IC 26-1-9.1-312(g).(b) Except as otherwise provided in subsection (c), a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than forty-five (45) days after the person becomes a lien creditor unless the advance is made:(1) without knowledge of the lien; or(2) pursuant to a commitment entered into without knowledge of the lien.(c) Subsections (a) and (b) do not apply to a security interest held by a

advance is made:(1) without knowledge of the lien; or(2) pursuant to a commitment entered into without knowledge of the lien.(c) Subsections (a) and (b) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.(d) Except as otherwise provided in subsection (e), a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of:(1) the time the secured party acquires knowledge of the buyer's purchase; or(2) forty-five (45) days after the purchase.(e) Subsection (d) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the forty-five (45) day period.(f) Except as otherwise provided in subsection (g), a lessee of goods takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:(1) the time the secured party acquires knowledge of the lease; or(2) forty-five (45) days after the lease contract becomes enforceable.(g) Subsection (f) does not apply if the advance is made pursuant to a

time the secured party acquires knowledge of the lease; or(2) forty-five (45) days after the lease contract becomes enforceable.(g) Subsection (f) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the forty-five (45) day period.As added by P.L.57-2000, SEC.45. Amended by P.L.199-2023, SEC.63.