TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 9

SECURED TRANSACTIONS

PART 6.

DEFAULT

28-9-627.  Determination of whether conduct was commercially reasonable. (a) The fact that a greater amount could have been obtained by a collection, enforcement, disposition or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition or acceptance was made in a commercially reasonable manner.

(b)  A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

(1)  In the usual manner on any recognized market;

(2)  At the price current in any recognized market at the time of the disposition; or

(3)  Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.

(c)  A collection, enforcement, disposition or acceptance is commercially reasonable if it has been approved:

(1)  In a judicial proceeding;

(2)  By a bona fide creditors’ committee;

(3)  By a representative of creditors; or

(4)  By an assignee for the benefit of creditors.

(d)  Approval under subsection (c) of this section need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition or acceptance is not commercially reasonable.

History:

[28-9-627, added 2001, ch. 208, sec. 2, p. 795.]