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UCC Expert’s Corner: Court Finds Secured Party Perfected Despite Lapse in Bankruptcy

By Paul Hodnefield, Associate General Counsel for CSC

One situation that sometimes perplexes secured parties is whether to file a continuation statement if the financing statement will lapse during bankruptcy proceedings. On one hand, secured parties may be concerned that the filing would violate the automatic stay. On the other hand, they may be concerned that failure to file could leave the secured party unperfected.