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In re Wollin

United States Bankruptcy Court for the District of Oregon
249 B.R. 555 (2000)


Facts

Oregon Federal Credit Union (OFCU) gave Steven and/or Cynthia Moody (plaintiffs) a line of credit, a consolidation loan, a vehicle loan to buy a Ford F150, and a Visa card. The Moodys gave OFCU a security interest in the F150 under the terms of the vehicle loan. Similarly, OFCU gave Patricia Wollin (plaintiff) a line of credit, a Visa card, and a vehicle loan to purchase a Ford Probe, in which she gave OFCU a security interest. The Moodys and Wollin were unaware that the security agreements contained a “dragnet” clause, stating that OFCU’s interest in the vehicles also secured all other existing or future debt owed to it. The Moodys and Wollin filed separate Chapter 13 bankruptcy petitions. OFCU asserted its security interests in both cases, and the Moodys and Wollin asked for modification of OFCU’s claim, which the trustee recommended. OFCU objected.

Rule of Law

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Issue

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Holding and Reasoning (Radcliffe, 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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