Ucc Case Brief

[name][subject][professor][date]NAME OF CASEIn re Ace Lumber release , Inc , DebtorFACTSMinot Builders return , complainant creditor , filed a motion for relief from automatic full stop in a Bankruptcy petition filed by herein debtor . It argued that it had a logical credentials interest in the assets of the debtor and was in fact a secured creditorThe claim of the complainant creditor that it is in fact a secured creditor is hinged upon two pieces of evidence , to witticism , a signed U .C .C .-1 financing statement , and s eeral(prenominal) returnwritten notes . The handwritten notes were offered as an authentic and faithful go into of the correspondences between the complainant creditor and debtor conducted over the telephone as the terms of future purchases and credits were being negotiatedThe trustees , on the early (a) hand , objected to the motion saying that these pieces of evidence do not return the requirements laid down by law (specifically 30-9-203 Mont . commandment .

Ann ) inasmuch as they do not prove a subsisting and valid security agreement between debtor and creditorISSUE OR QUESTIONDid the debtor ladder a security agreement in favour of the plaintiff creditor , in accordance with law and jurisprudence , which would mollify plaintiff creditor security interest over debtor s propertyDECISIONNo . No much(prenominal) security agreement , express or implied , was ever improve The motion for relief from automatic stay filed by the plaintiff creditor is deniedREASON or RULEThe provisions of the Uniform Commercial encrypt argon cle! ar on the formal requirements for the...If you want to hitch a full essay, order it on our website: OrderEssay.net

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