Grabowski v. Deere & Co. (In Re Grabowski)

277 B.R. 388, 2002 WL 971951
CourtUnited States Bankruptcy Court, S.D. Illinois
DecidedApril 24, 2002
Docket19-40150
StatusPublished
Cited by7 cases

This text of 277 B.R. 388 (Grabowski v. Deere & Co. (In Re Grabowski)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grabowski v. Deere & Co. (In Re Grabowski), 277 B.R. 388, 2002 WL 971951 (Ill. 2002).

Opinion

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

This case involves a priority dispute between defendants Bank of America and South Pointe Bank (“South Pointe”) regarding their security interests in three items of farm equipment owned by the debtors. 1 Both lenders filed financing statements perfecting their interests. Bank of America, the first to file, described its collateral in general terms and listed the debtors’ business address, rather than their home address where the collateral was located. South Pointe, by contrast, described the collateral more specifically and included the debtors’ home address. South Pointe contends that Bank of America’s description was ineffective to perfect the Bank’s security interest in the equipment and that South Pointe has a superior interest by reason of its subsequently filed financing statement.

The facts are undisputed. In April 2001, debtors Ronald and Trenna Grabow-ski of Dubois, Illinois, filed this Chapter 11 proceeding to reorganize their farming operation in Washington and Perry counties, Illinois. The debtors have been engaged in farming at this location for the past 30 years. Beginning in 1993, the debtors also owned and operated a John Deere farm equipment business, Grabowski Tractor-Benton, Inc., at 12047 Highway 37, Benton, Illinois. During this time, debtor Trenna Grabowski, a certified public accountant, moved her accounting practice to the Benton dealership. Although the dealership was sold in 1999, Trenna Grabowski continues to conduct her accounting practice from the Benton location.

The debtors’ schedules include a list of items of equipment used in their farming operation. The debtors filed the present proceeding to determine the validity, priority, and extent of liens held by various lenders in this equipment. Subsequently, the lenders reached an agreement concerning their respective interests in the farm equipment with the exception of three items. (See Stip., Doc. No. 20, filed February 1, 2002.) These items, as to which a dispute remains between Bank of America and South Pointe, consist of a John Deere 925 flex platform, a John Deere 4630 tractor, and a John Deere 630 disk. (See Stip. at 3-4.)

Bank of America claims a prior security interest in this equipment by virtue of a security agreement signed by the debtors in December 1998. The Bank’s financing statement, filed on December 31, 1998, identifies the debtors as “Ronald and Trenna Grabowski” and lists their address as “12047 State Highway #37, Benton, Illinois 62812.” The financing statement describes the Bank’s collateral as:

All Inventory, Chattel Paper, Accounts, Equipment and General Intangibles!.]

(See Supplmntl. Stip., Doc No. 15, Ex. B, filed Jan. 22, 2002) (emphasis added). 2

South Pointe subsequently obtained a lien on the debtors’ equipment in January *390 2000. South Pointe’s financing statement, filed January 18, 2000, identifies the debtors as “Ronald and Trenna Grabowski” at “P.O. Box 38, Dubois, Illinois 62831” and describes South Pointe’s collateral as:

JD 1995 9600 combine ..., JD 925 FLEX PLATFORM ..., JD 4-630 TRACTOR ..., JD 630 DISK 28’ 1998... , 3

(See Supplmntl. Stip., Doc. No. 15, Ex. C, filed Jan. 22, 2002) (emphasis added). 4

South Pointe asserts that Bank of America’s financing statement, although prior in time, was insufficient to perfect the Bank’s interest because it failed to place other lenders on notice of Bank of America’s interest in the subject equipment. Specifically, South Pointe notes that the Bank’s financing statement contained the address of the debtors’ farm equipment business rather than that of the debtors’ home where their farming operation is located and, further, that it failed to mention any specific items of equipment or even make reference to “farm equipment” or “farm machinery.” South Pointe argues that, based on this description, a subsequent lender would reasonably conclude that Bank of America’s intended security was the personal property of the debtors’ business rather than equipment used in the debtors’ farming operation. South Pointe maintains, therefore, that the Bank’s financing statement did not reasonably identify the Bank’s collateral as required to fulfill the notice function of a financing statement under Illinois’ Uniform Commercial Code.

As a preliminary matter, the Court notes that effective July 1, 2001, Illinois adopted revised Article 9 of the Uniform Commercial Code (“UCC”). See 810 Ill.Comp.Stat. 5/9-101, et seq. (2001); see generally Uniform Commercial Code Com ments 1-4, 810 Ill.Comp.Stat. 5/9-101, Smith-Hurd Ann. at 123-30 (West Supp.2002). This revised Article applies to all transactions or hens within its scope, “even if the transaction or lien was entered into or created before [the statute’s] effective date[.]” See 810 Ill.Comp.Stat. 5/9-702 (2001). Accordingly, in the present case, the Court will apply the provisions of revised Article 9 even though the parties’ transactions predated the statute’s effective date.

The UCC sets forth the requirements for a creditor to obtain and perfect a security interest in personal property of the debtor. Section 9-203 governs the attachment and enforcement of security interests through the parties’ execution of a security agreement, while § 9-502 relates to the requisites of a financing statement filed to perfect the creditor’s interest against the interests of third parties. Both sections call for a description of the debtor’s property. 5 However, the degree *391 of specificity required of such description depends on the nature of the document involved — -whether it is a security agreement or financing statement — and the purpose to be fulfilled by such document. See 9A Hawkland, Uniform, Commercial Code Series, [Rev] § 9-108:2, at 291-92; [Rev] § 9-108:2, at 294-96 (2001). While a security agreement defines and limits the collateral subject to the creditor’s security interest, a financing statement puts third parties on notice that the creditor may have a lien on the property described and that further inquiry into the extent of the security interest is prudent. See Signal Capital Corp. v. Lake Shore Nat’l Bank, 273 Ill.App.3d 761, 210 Ill.Dec. 388, 652 N.E.2d 1364, 1371 (1995).

Section 9-108 sets forth the test for sufficiency of a description under the UCC, stating:

(a) ... a description of personal ... property is sufficient, whether or not it is specific, if it reasonably identifies what is described.

810 Ill.Comp.Stat. 5/9-108(a) (emphasis added) (2001) (see former § 9-110, 810 Ill.Comp.Stat. 5/9-110 (2000)).

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Cite This Page — Counsel Stack

Bluebook (online)
277 B.R. 388, 2002 WL 971951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grabowski-v-deere-co-in-re-grabowski-ilsb-2002.