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In re Murphy

80 U.C.C. Rep. Serv.2d (Callaghan) 764 (2013), 80 UCC Rep. Serv. 2d 764 (2013)

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In re Murphy

United States Bankruptcy Court for the District of Kansas

80 U.C.C. Rep. Serv.2d (Callaghan) 764 (2013), 80 UCC Rep. Serv. 2d 764 (2013)

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Facts

Murphy (debtor) obtained a Best Buy consumer credit card issued by Capital One (creditor). The credit card application and the cardholder agreement both stated the credit card holder granted the bank a purchase money security interest in goods bought with the card. Murphy bought electronics from Best Buy, defaulted on the credit card debt, and filed for bankruptcy. During the bankruptcy proceedings, Murphy asserted the electronics purchased with the card were not subject to the claimed security interest because the description of the collateral in the credit card agreement was not sufficiently specific. Murphy motioned the United States Bankruptcy Court for the District of Kansas for a determination that the electronics were not subject to a security interest.

Rule of Law

Issue

Holding and Reasoning (Somers, J.)

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