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In re Grabowski

277 B.R. 388 (2002)

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In re Grabowski

United States Bankruptcy Court for the Southern District of Illinois

277 B.R. 388 (2002)

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Facts

Ronald and Trenna Grabowski (plaintiffs) owned a farm and a John Deere equipment business, called Grabowski Tractor-Benton, Inc. The Grabowski’s took out loans from Bank of America (BoA) and South Pointe Bank (South Pointe). BoA filed a financing statement in 1998 listing “all inventory, chattel paper, accounts, equipment, and general intangibles” as collateral for its interest under the security agreement. The financing statement listed the business address for Grabowski Tractor-Benton, Inc. South Pointe filed its financing statement in 2000, specifically listing various pieces of the Grabowski’s farm equipment as subject to its lien. That financing statement listed the Grabowskis’ home address. In 2001, the Grabowskis entered Chapter 11 bankruptcy and filed an action to determine the validity and priority of liens. The Grabowskis’ creditors settled most issues, but BoA and South Pointe claimed an interest in three pieces of equipment. BoA claims that the equipment was covered under its earlier, general financing statement; South Pointe argues that BoA’s statement was ineffective, because it was too general and listed the Grabowskis’ business address.

Rule of Law

Issue

Holding and Reasoning (Meyers, J.)

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