In re Dalebout
United States Bankruptcy Court for the District of Kansas
454 B.R. 158 (2011)
- Written by Sheryl McGrath, JD
Facts
Jody Dalebout (debtor) applied for and obtained a Home Projects Visa credit card from Wells Fargo Financial National Bank (Wells Fargo) (creditor). The credit card agreement granted Wells Fargo a purchase-money security interest in items that Dalebout bought using the credit card. Dalebout used the credit card to buy six replacement windows for her Kansas home, which was her homestead. The purchase included installation, and the windows were installed to replace the original windows in Dalebout’s home. The receipt (called a charge slip) for Dalebout’s purchase stated, “You agree that any property described in this charge slip will remain personal property and will not become a fixture even if attached to real property.” About four years later, Dalebout filed a Chapter 13 bankruptcy petition. In the bankruptcy proceeding, Wells Fargo filed a proof of claim asserting a secured interest in the replacement windows. In response, Dalebout asserted that the windows were fixtures and that Wells Fargo had no security interest in fixtures.
Rule of Law
Issue
Holding and Reasoning (Karlin, J.)
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