Clark v. Deere & Co. (In re Kinderknecht)
United States Court of Appeals for the Tenth Circuit
309 B.R. 71 (2004)
- Written by Sarah Holley, JD
Facts
Terrance Joseph Kinderknecht (debtor) entered into a secured transaction with Deere & Co. (defendant), and Deere thereafter filed financing statements to perfect its interests in certain of Kinderknecht’s farm implements. The financing statements listed the debtor as “Terry J. Kinderknecht.” Kinderknecht later filed a petition for relief under Chapter 7 of the United States Bankruptcy Code. Even though Kinderknecht signed the petition as “Terry Kinderknecht,” the petition was filed under his legal name, “Terrance J. Kinderknecht.” The bankruptcy trustee (plaintiff) initiated suit against Deere, arguing that Deere’s interests in certain of Kinderknecht’s farm implements were avoidable because such interests were not perfected under the Kansas Uniform Commercial Code. According to the bankruptcy trustee, because the financing statements listed Kinderknecht by his nickname as opposed to his legal name, the financing statements were misleading and ineffective to perfect Deere’s interests.
Rule of Law
Issue
Holding and Reasoning (Thurman, J.)
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