Section 45.29.620. Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

   (a) Except as otherwise provided in (g) of this section, 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 (c) of this section;
        (2) the secured party does not receive, within the time set out in (d) of this section, a notification of objection to the proposal authenticated by
             (A) a person to which the secured party was required to send a proposal under AS 45.29.621; 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) the provisions of (e) of this section do not require the secured party to dispose of the collateral or the debtor waives the requirement under AS 45.29.624.
   (b) A purported or apparent acceptance of collateral under this section is ineffective unless
        (1) the secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and
        (2) the conditions of (a) of this section are met.
   (c) For purposes of this section, a debtor consents to an acceptance of collateral
        (1) in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default; and
        (2) in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated 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 authenticated by the debtor within 20 days after the proposal is sent.
   (d) To be effective under (a)(2) of this section, a notification of objection must be received by the secured party
        (1) in the case of a person to which the proposal was sent under AS 45.29.621, within 20 days after notification was sent to that person; and
        (2) in other cases,
             (A) within 20 days after the last notification was sent under AS 45.29.621; or
             (B) if a notification was not sent, before the debtor consents to the acceptance under (c) of this section.
   (e) A secured party that has taken possession of collateral shall dispose of the collateral under AS 45.29.610 within the time specified in (f) of this section if
        (1) 60 percent of the cash price has been paid in the case of a purchase money security interest in consumer goods; or
        (2) 60 percent of the principal amount of the obligation secured has been paid in the case of a nonpurchase money security interest in consumer goods.
   (f) To comply with (e) of this section, the secured party shall dispose of the collateral within
        (1) 90 days after taking possession; or
        (2) any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default.
   (g) In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.

Authorities

45.29.102;45.29.406;45.29.408;45.29.602;45.29.624

Notes

References

AS 45.29.102 Definitions.
AS 45.29.406 Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.
AS 45.29.408 Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.
AS 45.29.602 Waiver and variance of rights and duties.
AS 45.29.624 Waiver.

History

(Sec. 1 ch 113 SLA 2000)