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Headlines across the country proclaimed, “Harold Hamm to Pay One of the Biggest Divorce Settlements in History,” and “Sue Ann Hamm: One Billion Dollar Divorce Settlement Is Not Enough.” The Oklahoma City divorce case of Sue Ann Hamm and Harold Hamm (a 68% owner of publicly traded oil company Continental Resources Inc.) garnered widespread attention due to the approximately $16 billion of assets at issue. Sue Ann Hamm's award of approximately $1 billion of the $16 billion of potential assets has been the focal point of stories and discussions about the case; however, the details of the decision, as well as the manner in which the case was handled, serve as important reminders of how large-asset divorce cases are litigated across the country and in Pennsylvania in particular.
The Case
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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