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Secured Transactions Keyed to Whaley
Nelson v. John Deere Credit (In re Troupe)
Citation:
2006 340 B.R. 86, 2006 WL 689515 (2006)Facts
On July 13, 2001, Robert and Dawn Troupe purchased a 2001 John Deere 4300 MFWD tractor with loader and blade for $16,539.00, financed by John Deere Credit. The debtors lived on a 10-acre tract in Colorado where they boarded horses and raised cattle and pigs. Both debtors worked full-time jobs totaling 60-75 hours per week and earned approximately $90,000 annually. The security agreement contained a box marked “Personal” rather than “Commercial” and stated that the goods would be used primarily for personal, family, or household purposes. The debtors did not sign the commercial purpose affidavit section. Deere did not file a financing statement. The debtors filed for Chapter 7 bankruptcy on September 24, 2004, and the trustee sought to avoid Deere’s security interest as unperfected.
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