Question
Kingwood Bank issued a loan to Fly Low Aircraft Inc. to purchase a plane. Fly Low executed a note in favor of Kingwood in the
Kingwood Bank issued a loan to Fly Low Aircraft Inc. to purchase a plane. Fly Low executed a note in favor of Kingwood in the amount of $161,306.25 plus interest. The plane secured the note. When Fly Low defaulted, Kingwood Bank repossessed the plane. Instead of disposing of the collateral and seeking a deficiency judgment, however, the bank retained possession of the plane and filed a suit in a Georgia state court to enforce the note. What is a secure creditors obligation in this situation? Can the creditor retain the collateral and seek judgment for the amount of the note? Is a sale required. Cite the case in this issue.
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