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In re Downing

United States Bankruptcy Court for the Western District of Missouri
286 B.R. 900 (2002)


Facts

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

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Issue

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Holding and Reasoning (Federman, C.J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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