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Secured Transactions Keyed to Lopucki
In re Murphy
Citation:80 UCC Rep. Serv. 2d 764 (Bankr. D. Kan. 2013)
Debtor filed her motion asserting that four items of personal property are not subject to a purchase money security interest as claimed by creditor Capital One. The property is four items of electronics purchased from Best Buy using a Best Buy credit card. Debtor contends that there is no PMSI because the description of the collateral in the alleged security agreement is not sufficiently specific. The Best Buy credit application, signed by debtor, provides: “You grant the Bank a purchase money security interest in the goods purchased on your account.” The Cardholder Agreement provides that “you grant us a purchase money security interest in the goods purchased with your card.” There is no security agreement provision on the receipts.
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