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(810 ILCS 5/9-627)
Sec. 9-627.
Determination of whether conduct was commercially
reasonable.
(a) Greater amount obtainable under other circumstances; no
preclusion of commercial reasonableness. The fact that a greater amount could
have been obtained by a collection, enforcement, disposition, or acceptance at
a
different time or in a different method from that selected by the secured party
is not
of itself sufficient to preclude the secured party from establishing that the
collection, enforcement, disposition, or acceptance was made in a commercially
reasonable manner.
(b) Dispositions that are commercially reasonable. A disposition
of collateral is made in a commercially reasonable manner if the disposition is
made:
(1) in the usual manner on any recognized market;
(2) at the price current in any recognized market at |
| the time of the disposition; or
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(3) otherwise in conformity with reasonable
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| commercial practices among dealers in the type of property that was the subject of the disposition.
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(c) Approval by court or on behalf of creditors. A collection,
enforcement, disposition, or acceptance is commercially reasonable if it has been
approved:
(1) in a judicial proceeding;
(2) by a bona fide creditors' committee;
(3) by a representative of creditors; or
(4) by an assignee for the benefit of creditors.
(d) Approval under subsection (c) not necessary; absence of
approval has no effect. Approval under subsection (c) need not be obtained,
and
lack of approval does not mean that the collection, enforcement, disposition,
or
acceptance is not commercially reasonable.
(Source: P.A. 91-893, eff. 7-1-01.)
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