Document Type

Article

Publication Date

1970

Abstract

The goal of this article is to lend a helping hand to the debtor's lawyer in his job of defending deficiency judgment suits brought following the repossession and resale of a debtor's encumbered personal property. Although some of the following discussion is relevant to the defense of any creditor's suit, and some applies to representation of the debtor prior to repossession or resale, the focal point of the discussion is the low-income consumer who has lost his automobile, television or some other "hard good" and has become a defendant in a suit brought by his secured creditor for a deficiency judgment. This focus has both controlled the selection of matter for discussion "and shaped the analysis of the matter discussed. The reader will find the emphasis not upon the author's notion of the proper interpretation of the Uniform Commercial Code (UCC), but rather upon the ways in which the debtor's lawyer can distinquish unfavorable cases and upon the arguments he can make to capitalize upon favorable authority.


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