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In re Hergert

United States Bankruptcy Court for the District of Idaho
275 B.R. 58 (2002)


Facts

The debtors obtained three secured loans from Pacific One Bank (Pacific). Two of the loans were commercial loans secured with the debtors’ farming business. The other loan was a consumer loan secured by the debtors’ home. Pacific filed financing statements (Uniform Commercial Code (UCC) forms UCC-1 and UCC-1F) to perfect its security interest in the business and the farm products, and noted its security interest on the title to the home. In the financing statements, Pacific listed its name and address as the secured party. It gave two addresses: one was in Portland, Oregon, and the other was in Nampa, Idaho. The name and addresses were correct at the time of filing the financing statements. Subsequently, all of the assets of Pacific, including the debtors’ loans, were acquired by the Bank of the West in 1998 through a merger.

Rule of Law

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Issue

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Holding and Reasoning (Myers, 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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