Legal Question in Credit and Debt Law in New York

I have a convertible note that states it is secured by all of the assets of the company.It clearly states this in the note and in the notes to the financial statements.The company is a public company.

Company has defaulted on its repayment.Note due 11/2015,default 30 days after 11/2015 on Dec 20th,2015

I never filed a UCC-1 form stating that my interest as a creditor is secured.

Am I know permitted to file the UCC-1? Does the debtor-the company in default-need to also file the UCC-1 with me-to perfect my interest?

Can I file the UCC-1 form without the debtor company?

Thanks


Asked on 2/05/16, 12:05 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

You should have filed it when you received it. First in time, first in right. You can still file it.

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Answered on 2/05/16, 1:35 pm


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