Hwang Bankruptcy Case – Who is a “holder” of a note entitled to enforce it – California Commercial Code Section 3301

By Attorney Steve Vondran · May 31, 2010 · Filed in Uncategorized

The following code section is provided to help assist in deciphering the Hwang motion from relief of automatic stay in bankruptcy case in California:

3301.  "Person entitled to enforce" an instrument means
(a) the holder of the instrument,
(b) a nonholder in possession of the instrument who has the rights of a holder,
or
(c) a person not in possession of the instrument who is entitled to enforce the
instrument pursuant to Section 3309 or subdivision (d) of Section
3418. A person may be a person entitled to enforce the instrument
even though the person is not the owner of the instrument or is in
wrongful possession of the instrument.

Comments

[...] (6)     Next, the Court discussed “who can enforce a note” (persons entitled to enforce) and the Court cited California Commercial Code Section 3301.  Here is a link to that code section:http://www.producethenoteattorney.com/2010/05/hwang-bankruptcy-case-who-is-a-holder-of-a-note-entitl…. [...]

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