Jaskiran Kaur
- Sep 27, 2021
The Uncertain Scope of the Breach of Peace Clause Under Article 9 of the Uniform Commercial Code
Introduction to the Exculpatory Breach of Peace Clause The current expression of self-help repossession under Article 9 of the Uniform Commercial Code (“UCC”) puts limitations on the secured party's statutory right of self-help repossession. The former § 9-503 allowed a creditor to seize the collateral, after default, without engaging in the judicial process, if such creditor can do so without breaching the peace. The revised § 9-609(b)(2), in the relevant part, states that a