Del. Code Ann. tit. 6, § 9-205

Use or disposition of collateral permissible

72 Del. Laws, c. 401, § 1;
  1. (a) When security interest not invalid or fraudulent. — A security interest is not invalid or fraudulent against creditors solely because:

    1. (1) the debtor has the right or ability to:

      1. (A) use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;
      2. (B) collect, compromise, enforce, or otherwise deal with collateral;
      3. (C) accept the return of collateral or make repossessions; or
      4. (D) use, commingle, or dispose of proceeds; or
    2. (2) the secured party fails to require the debtor to account for proceeds or replace collateral.
  2. (b) Requirements of possession not relaxed. — This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.

72 Del. Laws, c. 401, § 1

Log InSign Up