Commercial Reasonableness Of Collateral Disposition

32 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Motorola Commc'ns & Elecs., Inc. v. Nat'l Patient Aids, Inc.
  427 So. 2d 1042· Fla. 4th DCA· 1983-03-02 ·cited 38×
  Motorola appeals a final judgment awarding damages to guarantors of a debt for communications equipment, despite having won summary judgment on liability. The court reverses and remands due to fundamental procedural defects: the case was tried on issues not raised in the pleading
• United States v. Terrey
  554 F.2d 685· 5th Cir.· 1977-06-22 ·cited 36×
  The court held that the jury should have been allowed to decide whether the SBA's sale of collateral was commercially reasonable, as this is a question of fact.
• Hepworth v. The Orlando Bank & Tr. Co.
  323 So. 2d 41· Fla. 4th DCA· 1975-11-14 ·cited 32×
  A guarantor of a promissory note secured by collateral is a 'debtor' under the Uniform Commercial Code and is entitled to reasonable notification prior to the disposition of the collateral, and failure to provide such notice precludes a deficiency judgment.
• United States v. Willis
  593 F.2d 247· 6th Cir.· 1979-01-26 ·cited 31×
  The court held that unconditional guarantors can assert the defense of commercial unreasonableness in the disposition of collateral, and that the SBA failed to prove its collateral disposition was commercially reasonable.
• Bondurant v. Beard Equip. Co.
  345 So. 2d 806· Fla. 1st DCA· 1977-03-03 ·cited 22×
  H.P. Bondurant purchased a used front-end loader from Beard Equipment under a security agreement and later refused to accept it after repairs. Beard sold the loader at a lower price and sued for the deficiency. The court affirmed the judgment, holding that oral notice of intent t
• Bethina Washington v. The First Nat'l Bank OF Miami
  332 So. 2d 644· Fla. 3d DCA· 1976-05-25 ·cited 22×
  A co-signer of an installment sales contract appeals a deficiency judgment for an unpaid automobile balance. The court reverses, holding that a secured creditor must provide notice of repossession sale to the debtor or co-signer before obtaining a deficiency judgment, even though
• United States v. NEW Mexico Landscaping, Inc.
  785 F.2d 843· 10th Cir.· 1986-02-28 ·cited 20×
  The court held that the guarantors waived the defense of commercial unreasonableness and that their due process rights were not violated by lack of notice regarding the foreclosure sale.
• First Nat'l Park Bank v. Snellen M. Johnson and Ven Savage
  553 F.2d 599· 9th Cir.· 1977-04-07 ·cited 20×
  The court held that guarantors waived their right to notice of collateral sale by signing an unconditional guaranty agreement, and that the bank's claim for deficiency was not barred.
• S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp.
  56 So. 3d 56· Fla. 2d DCA· 2011-02-23 ·cited 18×
  The Florida District Court of Appeal reversed a summary judgment for a deficiency judgment, holding that the creditor failed to prove the commercial reasonableness of the sale of repossessed equipment. The court found that the creditor did not provide sufficient evidence of the s
• Landmark First Nat'l Bank of Fort Lauderdale v. Gepetto's Tale O' THE Whale OF Fort Lauderdale, Inc.
  498 So. 2d 920· Fla.· 1986-12-04 ·cited 18×
  The Florida Supreme Court addressed whether a secured creditor's failure to provide statutory notice of a collateral sale defeats the right to a deficiency judgment. The Court held that while notice is integral to determining whether a sale is commercially reasonable, failure to
• The Fla. First Nat'l Bank AT Pensacola v. Martin
  449 So. 2d 861· Fla. 1st DCA· 1984-03-27 ·cited 18×
  A bank appealed a summary judgment denying it a deficiency judgment after repossessing and selling a secured boat for substantially less than its value. The court affirmed, holding that the bank's failure to dispose of the collateral in a commercially reasonable manner precluded
• United States v. Lair
  854 F.2d 233· 7th Cir.· 1988-08-09 ·cited 16×
  The court held that the Lairs' unconditional personal guaranty made them liable for the SBA loan, as they failed to raise genuine issues of material fact regarding willful SBA misconduct, commercial unreasonableness of collateral disposition, or estoppel.
• Wainwright Bank & Tr. Co. v. Railroadmens Fed. Sav. & Loan Ass'n OF Indianapolis
  806 F.2d 146· 7th Cir.· 1986-11-25 ·cited 16×
  The court held that the SBA's rejection of a private offer and its conduct of a public sale were commercially reasonable, thus affirming the grant of summary judgment.
• City Nat'l Bank OF Fort Smith v. Unique Structures, Inc.
  929 F.2d 1308· 8th Cir.· 1991-04-09 ·cited 12×
  The court held that the district court did not err in ruling that notices of sale of collateral were reasonable as a matter of law and that the jury's verdict was supported by substantial evidence.
• Tropical Jewelers, Inc. v. Nationsbank
  781 So. 2d 392· Fla. 3d DCA· 2000-12-27 ·cited 11×
  The Florida Third District Court of Appeal held that a guarantor is a 'debtor' under Article 9 of the Uniform Commercial Code and therefore cannot waive the statutory requirement that a secured creditor dispose of collateral in a commercially reasonable manner. The court reversed
• Leasing Assocs., Inc. v. Slaughter & SON, Inc.
  450 F.2d 174· 8th Cir.· 1971-10-21 ·cited 10×
  The court held that the defense of illegality based on failure to qualify to do business was not properly preserved, but the evidence was insufficient to prove reasonable notice of the log loader sale, requiring a remand for that portion of the judgment.
• Ren-Del Enters., Inc. v. Fla. Keys First State Bank
  539 So. 2d 541· Fla. 3d DCA· 1989-03-07 ·cited 8×
  The court held that a creditor is entitled to a deficiency judgment if the collateral is disposed of in a commercially reasonable manner.
• OLD Colony Tr. Co. v. Penrose Indus. Corp.
  398 F.2d 310· 3d Cir.· 1968-07-25 ·cited 8×
  The court held that the sale of pledged collateral was commercially reasonable and the debtor's petition to redeem was untimely.
• Leasing Serv. Corp. v. First Tenn. Bank Nat'l Ass'n
  826 F.2d 434· 6th Cir.· 1987-08-13 ·cited 6×
  The court held that the trustee's rejection of executory lease agreements did not divest LSC of its prior perfected security interest, and LSC's sale of the collateral was commercially reasonable.
• Ralston-Purina Co. v. Bertie
  541 F.2d 1363· 9th Cir.· 1976-09-07 ·cited 6×
  The court held that the $95,000 provision in the guaranty limited the guarantors' liability, not the debtor's underlying obligations, and that the exclusion of expert testimony regarding collateral disposition was proper due to lack of foundation.
• Fed. Deposit Ins. Corp. v. Payne
  973 F.2d 403· 5th Cir.· 1992-09-25 ·cited 4×
  The court held that the D'Oench, Duhme doctrine bars Payne's fraudulent inducement defense, but the federal holder in due course doctrine does not apply to non-negotiable guaranties, allowing Payne to assert defenses regarding notice of collateral sale and commercial reasonablene
• Ford Motor Credit Co. v. Jones
  584 So. 2d 205· Fla. 2d DCA· 1991-08-16 ·cited 4×
  The court held that a genuine issue of material fact exists regarding the commercial reasonableness of the collateral disposition, specifically concerning the notice provided to one of the debtors.
• Fed. Deposit Ins. Corp. v. Blanton
  918 F.2d 524· 5th Cir.· 1990-12-06 ·cited 4×
  The court held that the FDIC's sale of securities on recognized markets did not require notice to the debtor, and defects in foreclosure sales of real property entitled the debtor to a credit for fair market value, not full discharge.
• Piper Acceptance Corp. v. Wilburn Y. Yarbrough and Sarah Yarbrough
  702 F.2d 733· 8th Cir.· 1983-03-28 ·cited 4×
  The court held that the sale of the repossessed airplane was conducted in a commercially reasonable manner under the Arkansas Uniform Commercial Code.
• Textron Fin. Corp. v. Lentine Marine Inc.
  2009 U.S. Dist. LEXIS 33874· S.D. Fla.· 2009-04-20 ·cited 3×
  The court granted partial summary judgment for the plaintiff on claims for inventory sold without repayment, repossession costs, interest, and the guarantors' liability, but denied it on the amount of the deficiency due to issues of commercial reasonableness.
• Tropical Jewelers, Inc. v. NationsBANK
  781 So. 2d 381· Fla. 3d DCA· 2000-01-21 ·cited 3×
  A Florida appellate court reversed summary judgment against a company and its individual guarantors in a deficiency action, holding that guarantors cannot waive their UCC rights to require commercially reasonable disposition of collateral, even when the underlying loan documents
• Chrysler Credit Corp. v. H & H Chrysler-Plymouth-Dodge, Inc.
  927 F.2d 270· 6th Cir.· 1991-03-06 ·cited 2×
  The court held that the disposition of collateral was not commercially reasonable due to lack of proper notice, but remanded for determination of a separate claim regarding vehicles sold out of trust.
• Nadler v. Baybank Merrimack Valley, N.A.
  733 F.2d 182· 1st Cir.· 1984-05-07 ·cited 2×
  The court held that the plaintiffs failed to present admissible evidence showing the secured party's liquidation sale was conducted in a commercially unreasonable manner.
• Ford Motor Credit Co. LLC v. Arwine
  Fla. 1st DCA· 2019-08-14
  When a debtor fails to place a secured party's compliance with the commercial reasonableness requirement in issue, the burden does not shift to the secured party to prove the disposition was commercially reasonable, and the trial court errs in reducing the deficiency based on lac
• Burley v. Gelco Corp.
  976 So. 2d 97· Fla. 5th DCA· 2008-02-29
  Gelco Corporation sought a deficiency judgment against John Burley after repossessing and selling three vehicles under a commercial lease agreement. The appellate court reversed summary judgment, holding that Gelco's failure to provide adequate notice of the sale raised a presump
• Cmty. Bank & Tr. Co. v. Copses
  953 F.2d 133· 4th Cir.· 1991-12-26
  A guarantor can waive statutory rights to require a lender to proceed against collateral first, and a guarantor is not considered a 'debtor' for purposes of certain notice requirements regarding collateral disposition.
• N.G. Hayes, Jr. v. Ring Power Corp.
  431 So. 2d 226· Fla. 1st DCA· 1983-05-04
  Hayes purchased a Caterpillar tractor from Ring Power Corporation but defaulted on payments. Ring Power repossessed and sold the tractor at what it claimed was a public sale, then sought a deficiency judgment. The court reversed the summary judgment, holding that Ring Power faile