HRS §490:13-305
Which claims come first for the same collateral
This section sets the rules for deciding which creditor's claim has priority when multiple claims cover the same collateral. For claims made before the new law took effect, the old rules still apply. On the adjustment date, certain old priorities for article 12 property and electronic money stop applying if the new law changes them.
creditorsdebtorsfinancial institutions
The statute, as written — Priority
(a) Subject to subsections (b) and (c), this article shall determine the priority of conflicting claims to collateral. (b) Subject to subsection (c), if the priorities of claims to collateral were established before the effective date of this article, article 9, as in effect before the effective date of this article, shall determine priority. (c) On the adjustment date, to the extent the priorities determined by article 9, as amended by Act 132, Session Laws of Hawaii 2023, modify the priorities established before the effective date of this article, the priorities of claims to article 12 property and electronic money established before the effective date of this article shall cease to apply.
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