In Sports Authority Bankruptcy Saga, Delaware Court Wrestles With Right To "Contract Around" The UCC

LexisNexis (April 26, 2017, 1:50 PM EDT) -- In In re TSAWD Holdings, Inc., 2017 Bankr. LEXIS 610 (Bankr. D. Del. 2017), the court addresses a number of bankruptcy and UCC issues on a motion to dismiss.  The Delaware court denied the Motion because of the existence of a perceived factual dispute over the applicability of Article 9 of the UCC. Though the case discusses issues relating to the scope of the court's constitutional  jurisdiction, consignments under the UCC, and attachment of security interests, the most interesting aspect of this particular case is the ability of parties to contract their way around, into, or out of the scope of Article 9....