25.5 Security Interest. In St. Louis, Missouri, in 2000, Richard Miller orally agreed to loan Jeff Miller

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25.5 Security Interest. In St. Louis, Missouri, in 2000, Richard Miller orally agreed to loan Jeff Miller $35,000 in exchange for a security interest in a Kodiak dump truck. The Millers did not put anything in writing concerning the loan, its repayment terms, or Richard’s security interest or rights in the truck. Jeff used the amount of the loan to buy the truck, which he kept in his possession. In 2004, Jeff filed a petition to obtain a discharge of his debts in bankruptcy. Richard claimed that he had a security interest in the truck and thus was entitled to any proceeds from its sale. What are a creditor’s main concerns on a debtor’s default? How does a creditor satisfy these concerns? What are the requirements for a creditor to have an enforceable security interest? Considering these points, what is the court likely to rule with respect to Richard’s claim? [In re Miller, 320 Bankr. 911 (E.D.Mo. 2005)]

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Business Law Today Comprehensive

ISBN: 9780324595741

8th Edition

Authors: Roger LeRoy Miller, Gaylord A Jentz

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