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On October 1 8 , 2 0 1 5 , Inthe Bank and Bowal Moving Company entered into a Promissory Note and a Security Agreement,
On October Inthe Bank and Bowal Moving Company entered into a Promissory Note and a Security Agreement, for two hundred thousand dollars $ for Bowals purchase of two GM tractor trailers valued at $ As security for the loan, Bowal assigned his interests in the two trucks to Inthe. Title to the two trucks were identified as IBN AND IBN respectively.That same day, Inthe Bank filed a financing statement with the Secretary of State of North Carolina. The financing statement identifies the Debtor as Bowal Moving Company and Phil D Bowal; it describes the collateral as follows:All of Debtor's right, title, and interest in and for two GM tractor trailer trucks of Debtor, wherever located, tractor trailer title number IBSOON and tractor trailer title number IBSOON, issued in the name of the Debtor.The financing statement identifies the title numbers as IBSOON instead of IBN and IBSOON instead of IBNOn March Bowal obtained a loan from Bank Onit. As security for the loan, Bowal assigned his interests in the two GM tractor trailers to Bank Onit. On March Bank Onit filed two financing statements with the Secretary of State of North Carolina. They identify Bowal and the Moving Company as the Debtor, and they accurately describe the collateral as: two GM Tractor Trailers, title numbers IBN and IBN with state issuer of North Carolina.On April Bowal notified Inthe Bank and Bank Onit that Bowel Moving Company is having severe cash flow problems and may have to declare bankruptcy.Bank Onit immediately files a lawsuit seeking a declaration that Inthe Bank was not a perfected secured creditor and Bank Onit had priority to the to the collateralized trucks if Bowel could not make the loan payments In this lawsuit, who would prevail, Inthe Bank or Bank Onit? Were the financing statements of In the Bank valid? Which Bank has priority to as to the trucks? Was Inthe Bank a secured creditor?Explain each answer and provide legal justification to support your answer. This scenario is adapted from an actual lawsuit.
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