In re Downing
United States Bankruptcy Court for the Western District of Missouri
286 B.R. 900 (2002)
Steven Downing (defendant) purchased a car from BMW Financial Services, N.A., LLC (BMW) (plaintiff), and granted BMW a lien. After defaulting on payments, Downing returned the car to BMW. BMW sent Downing a letter informing him that BMW intended to sell the car. The notification letter listed Downing as the debtor, BMW as the secured creditor, and the car as the collateral subject to disposition. The letter further provided a telephone number for Downing to call if he had any questions about the notice. Thereafter, BMW sold the car at a commercial auction, which was open exclusively to car dealers. BMW then brought an unsecured deficiency claim against Downing for the balance of the debt not covered by the sale of the car. Downing objected to the claim, contending that BMW’s notice of the sale failed to comply with the notice requirements of Article 9 of the Uniform Commercial Code (UCC).
Rule of Law
Holding and Reasoning (Federman, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 687,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 687,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 43,000 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.