What Constitutes a "Commercially Reasonable” Sale of Personal Property? - YoutubeRandom

What Constitutes a "Commercially Reasonable” Sale of Personal Property?

Once a lender eventually repossesses collateral after default, the law requires that the eventual sale of that collateral be done in a “commercially reasonable” manner. So, what does that mean?

The primary focus of the commercial reasonableness of a given sale is not the proceeds from the eventual sale, but rather the procedures employed for the sale.

If the secured creditor makes certain that conditions of the sale, in terms of the aggregate effect of the manner, method, time, place and terms employed conform to commercially accepted standards, the creditor should be shielded from any liability.

Wisconsin authorizes the disposition of collateral in either public or private proceedings, so long as a standard of commercial reasonableness is followed.

Wisconsin Courts have held that the secured party must choose between a public or private sale depending on which is more commercially reasonable.

In sum, there’s no clear-cut answer as to what is commercially reasonable. Therefore, it would be wise to review each sale on a case-by-case basis or discuss the potential sale with your attorney.

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 YouTube has faced criticism over aspects of its operations, including its handling of copyrighted content contained within uploaded videos, its recommendation algorithms perpetuating videos that promote conspiracy theories and falsehoods, hosting videos ostensibly targeting children but containing violent and/or sexually suggestive content involving popular characters, videos of minors attracting pedophilic activities in their comment sections, and fluctuating policies on the types of content that is eligible to be monetized with advertising.

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