Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 37, Problem 9Q
Summary Introduction
To discuss: Whether Bank FN’s security interest in the automobile enforceable against person J.
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Kim Kardashian borrowed $200,000 from Big Bank to buy inventory to sell in her make-up shop. She signed a security agreement for the bank listing the entire present and future inventory in the make-up shop, including proceeds from the sale of inventory as collateral. Big Bank never filed a financing statement. A month later, Kim borrowed $50,000 from Kanye Creditor, who was aware of Big Bank’s security interest. Kim Kardashian then defaulted on both loans and declared bankruptcy. Who has priority, Big Bank or Kanye Creditor?
Jeremy Cobb submitted an apartment rental application to Common Properties Management Coop- erative (Common) over the phone. Cobb authorized Common to debit his checking account for the $37.95 application fee. However, the debit was returned by Cobb’s bank as unpaid, and Cobb was assessed a Non-sufficient Funds (NsF) fee of $35.00 by Cobb’s bank, along with a $25.00 “returned fee” by PayLease, LLC (PayLease), Common’s financial institution. Cobb sued under the eFta, alleg- ing that the $25.00 “returned fee” had not been authorized. was the $25.00 returned fee to Pay- Lease covered by the EFTA?
Anita bought a television set from Bertrum for her personal use. Bertrum, who was out of security agreement forms, showed Anita a form he had executed with Nathan, another consumer. Anita and Bertrum orally agreed to the terms of the form. Anita subsequently defaulted on payment, and Bertrum sought to repossess the television. a. Explain who would prevail. b. Explain whether the result would differ if Bertrum had filed a financing statement. c. Explain whether the result would differ if Anita had subsequently sent Bertrum an e-mail that met all the requirements of an effective security agreement.
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Smith and Roberson’s Business Law
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