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Perfecting UCC Seriously Misleading name

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midsouthps

Junior Member
What is the name of your state? Tennessee

I filed a UCC form using with two extra spaces in the name (Ex: "south west motor way" instead of "southwest motorway"). Tennessee adopted the model IACA rules which state that in a standard search done by the SOS all spaces are disregarded. However, when a search is requested from the SOS using two words, it does not find the four word UCC.

I talked to the SOS and they said that they do a search as it is submitted and with no spaces but they do not modify the actual database of UCC forms. So, a search request for using the proper legal name of "southwest motorway" would result in a search for "southwest motorway" and "southwestmotorway" but not a search for "south west motor way."

It would seem to me that if you are doing a search per the language used in the IACA standards which states it is done "disregarding spaces," you would need to modify both names to eliminate spaces and compare them. I have a bankruptcy trustee claiming that the name used on the UCC is seriously misleading because of this. Pleae provide any information that will help. I'm about to lose a lot!

Thanks you.
 


midsouthps

Junior Member
I have an attorney. It is the Trustee claiming it is seriously misleading. Can't find any precedents. Any thought?
 

Debt Guy

Senior Member
Is your attorney a bankruptcy specialist? These guys all know each other and can generally work things out.
 

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