§490:9-627 Determination of whether conduct
was commercially reasonable. (a) 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) 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
(3) Otherwise in conformity with reasonable
commercial practices among dealers in the type of property that was the subject
of the disposition.
(c) 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) need not be
obtained, and lack of approval does not mean that the collection, enforcement,
disposition, or acceptance is not commercially reasonable. [L 2000, c 241, pt
of §1]