Georgia § 11-9-322 - Priorities among conflicting security interests in and agricultural liens on same collateral.

§ 11-9-322. Priorities among conflicting security interests in and agricultural liens on same collateral.

General priority rules. Except as otherwise provided in this Code section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules: Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection; A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien; and The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected. Time of perfection: proceeds and supporting obligations. For the purposes paragraph (1) of subsection (a) of this Code section: The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation. Special priority rules: proceeds and supporting obligations. Except as otherwise provided in subsection (f) of this Code section, a security interest in collateral which qualifies for priority over a conflicting security interest under Code Section 11-9-327, 11-9-328, 11-9-329, 11-9-330, or 11-9-331 also has priority over a conflicting security interest in: Any supporting obligation for the collateral; and Proceeds of the collateral if: The security interest in proceeds is perfected; The proceeds are cash proceeds or of the same type as the collateral; and In the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral. First to file priority rule for certain collateral. Subject to subsection (e) of this Code section and except as otherwise provided in subsection (f) of this Code section, if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter of credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing. Applicability of subsection (d) of this Code section. Subsection (d) of this Code section applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter of credit rights. Limitations on subsections (a) through (e) of this Code section. Subsections (a) through (e) of this Code section are subject to: Subsection (g) of this Code section and the other provisions of this part; Code Section 11-4-210 with respect to a security interest of a collecting bank; Code Section 11-5-118 with respect to a security interest of an issuer or nominated person; and Code Section 11-9-110 with respect to a security interest arising under Article 2 or 2A of this title. Priority under agricultural lien statute. A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides. (Code 1981, § 11-9-322 , enacted by Ga. L. 2001, p. 362, § 1.) Law reviews. - For article discussing the resolution of conflicting claims to goods between an unsecured seller of goods and a creditor of a buyer claiming under an after-acquired property clause, see 28 Mercer L. Rev. 625 (1977). For article, "The Revisions to Article IX of the Uniform Commercial Code," see 15 Ga. St. B.J. 120 (1977). For article, "The Good Faith Purchase Idea and the Uniform Commercial Code," see 15 Ga. L. Rev. 605 (1981). For article, "Preparing the Georgia Farmer (or Other Smaller Entrepreneur) for Bankruptcy," see 22 Ga. State Bar J. 186 (1986). For note examining the conflict between the floating lien in after-acquired property under the Uniform Commercial Code and the voidable preferences provisions of the Bankruptcy Act, see 9 Ga. L. Rev. 685 (1975). For comment discussing good faith performance and priorities of secured parties, see 36 Emory L.J. 948 (1987).