(a) Except as otherwise provided in subsection (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:(1) the debtor consents to the acceptance under subsection (c);(2) the secured party does not receive, within the time set forth in subsection (d), a notification of objection to the proposal signed by:(A) a person to which the secured party was required to send a proposal under IC 26-1-9.1-621; or(B) any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;(3) if the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and(4) subsection (e) does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to IC 26-1-9.1-624.(b) A purported or apparent acceptance of collateral under this section is ineffective unless:(1) the secured party consents to the acceptance in a signed record or sends a proposal to the debtor; and(2) the conditions of subsection (a) are met.(c) For purposes of this section:(1) a ve unless:(1) the secured party consents to the acceptance in a signed record or sends a proposal to the debtor; and(2) the conditions of subsection (a) are met.(c) For purposes of this section:(1) a debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record signed after default; and(2) a debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record signed after default or the secured party:(A) sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained;(B) in the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and(C) does not receive a notification of objection signed by the debtor within twenty (20) days after the proposal is sent.(d) To be effective under subsection (a)(2), a notification of objection must be received by the secured party:(1) in the case of a person to which the proposal was sent ys after the proposal is sent.(d) To be effective under subsection (a)(2), a notification of objection must be received by the secured party:(1) in the case of a person to which the proposal was sent pursuant to IC 26-1-9.1-621, within twenty (20) days after notification was sent to that person; and(2) in other cases:(A) within twenty (20) days after the last notification was sent pursuant to IC 26-1-9.1-621; or(B) if a notification was not sent, before the debtor consents to the acceptance under subsection (c).(e) A secured party that has taken possession of collateral shall dispose of the collateral pursuant to IC 26-1-9.1-610 within the time specified in subsection (f) if:(1) sixty percent (60%) of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or(2) sixty percent (60%) of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.(f) To comply with subsection (e), the secured party shall dispose of the collateral:(1) within ninety (90) days after taking possession; or(2) within any longer period to which the debtor and all secondary obligors have agreed n (e), the secured party shall dispose of the collateral:(1) within ninety (90) days after taking possession; or(2) within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and signed after default.(g) In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.As added by P.L.57-2000, SEC.45. Amended by P.L.199-2023, SEC.85.
Indiana Legal Code