In re Voboril

2017 WL 1048041 (2017)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

In re Voboril

United States Bankruptcy Court for the Eastern District of Wisconsin
2017 WL 1048041 (2017)

JC

Facts

Stephen Voboril (debtor) filed for bankruptcy. The bankruptcy trustee asserted his strong-arm power to avoid transfers of Voboril’s property that were not properly perfected under state law. Such a power allows the trustee to avoid prebankruptcy transactions; in this case, the prebankruptcy transaction was a lien that was argued to be unperfected. The trustee argued that liens asserted by First Bank Financial Centre (First Bank) (creditor) in regard to two pieces of property had not been properly perfected and could be avoided. Specifically, Voboril had executed a security agreement giving First Bank a security interest in a promissory note and insurance-renewal commissions. First Bank then filed a financing statement but placed Voboril’s name in the incorrect box on the form, listing “Stephen R. Voboril” as an organization name and not an individual name. While the financing statement was entered into the Wisconsin state database, a search request using Voboril’s name as an individual would not locate First Bank’s financing statement. The relevant Wisconsin law provided that a financing statement was not effective if it was rendered seriously misleading by errors or omissions such that it failed to provide the name of the debtor unless a search under the filing office’s system using the correct name would disclose the financing statement. The trustee argued that because a search of Voboril’s name as an individual returned no result, the financing statement was misleading and ineffective. First Bank argued that because a search of Voboril’s name as an organization would locate the financing statement, it was not misleading or ineffective.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership