From our private database of 33,800+ case briefs...
Nelson v. John Deere Credit (In re Troupe)
United States Bankruptcy Court for the Western District of Oklahoma
340 B.R. 86, 2006 WL 689515 (2006)
Robert and Dawn Troupe purchased a tractor for $16,539 on credit from Deere (defendant). The Troupes told the dealer that the tractor would be used to fill irrigation ditches and move dirt, hay, and snow on their Colorado property. Both of the Troupes worked in the automotive industry. Deere marketed the tractor as residential equipment. The security agreement, which gave Deere a purchase-money security interest (PMSI), clearly indicated that the tractor was for personal use. Further, the Troupes did not sign the commercial-use affidavit. The Troupes used the tractor to farm their property. In addition, the Troupes claimed substantial farming losses on their tax returns, stating that the tractor was used entirely for business purposes and taking deductions for depreciation. In September 2004, the Troupes voluntarily filed for Chapter 7 bankruptcy. Subsequently, the bankruptcy trustee (plaintiff) sued Deere, seeking to have its security interest subordinated because the property was actually commercial and the PMSI was unperfected. The trustee and Deere filed cross motions for summary judgment.
Rule of Law
Holding and Reasoning (Weaver, J.)
What to do next…
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 605,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
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.Learn about our approachRead more about Quimbee
Here's why 605,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 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.