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In re Hintze

525 B.R. 780 (2015)

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In re Hintze

United States Bankruptcy Court for the Northern District of Florida

525 B.R. 780 (2015)

Facts

Matthew and Larina Hintze (debtors) signed a promissory note in favor of Christopher James (defendant) for $375,000. The promissory note granted James a security interest in “all of [the Hintzes’] assets.” Subsequently, the Hintzes filed for bankruptcy. The trustee in bankruptcy (plaintiff) filed a notice of an intent to sell Matthew’s equity in a business he owned. James objected to the sale, arguing that he had a security interest in the equity. The trustee moved for summary judgment, arguing that James did not have a valid security interest in the Hintzes’ assets. James argued, among other things, that parol evidence could be used to determine Hintzes’ assets.

Rule of Law

Issue

Holding and Reasoning (Specie, J.)

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