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johnsons517 johnsons517
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6 years ago
Perfection. Richard E. Walker, Kelly E. Walker, and Kenneth W. Walker were partners in the Walker Brothers Dairy, a general partnership located in Florida. The Walkers purchased a Model 2955 utility tractor, a round bale saw, and a feed mixer box from the John Deere Company. John Deere took a security interest in the equipment. The security agreement stated that the debtor was a partnership known as Walker Brothers Dairy. John Deere filed a financing statement, however, that listed the debtors as Richard Walker, Kelly Walker, and Kenneth Wendell Walker. The statement was signed by each of the three partners. Their signatures were followed by a typewritten statement indicating that the partners were doing business as Walker Brothers Dairy. When Walker Brothers Dairy voluntarily filed for bankruptcy, John Deere sought to repossess the equipment. The issue before the court was whether the financing statement, which listed the partners as debtors rather than the partnership, was sufficient to perfect John Deere's security interest in the partnership equipment. What should the court decide? Discuss.
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lsellers6lsellers6
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