Goodyear Tire & Rubber Co. v. Staley
Goodyear Tire & Rubber Co. v. Staley
Opinion of the Court
This appeal from the bankruptcy court’s denial of Goodyear Tire & Rubber Company’s claimed security interest in certain of the Chapter XIII wage earner’s property involves only a legal question concerning the perfection of purchase-money security interests in consumer goods.
On March 8, 1975, the debtor purchased on credit a stereo, extended warranty contract, and credit life insurance from Goodyear. In the credit agreement, the debtor granted Goodyear a security interest as follows:
“I hereby grant to Goodyear a security interest in each item of merchandise purchased or hereafter purchased under this Agreement, and Goodyear shall retain such security interest in each item of merchandise until it is paid for in full. Accordingly, my installment payments will be applied as follows: In the case of items purchased on different dates, the item first purchased shall be deemed paid for first; in the case of items purchased on the same date, the lowest priced item shall be deemed paid for first." (Retail Installment Sale Agreement, ¶ 5) (emphasis added).
On March 17, 1976, the debtor purchased under the same arrangement a Westinghouse freezer and warranty, signing another agreement with the same language. The debtor on two other occasions had also purchased automobile maintenance and service under this credit arrangement.
Goodyear filed a claim in the Chapter XIII plan for the sum of $647.99, asserting a security interest in both the freezer and the stereo. The bankruptcy court held that Goodyear had a security interest only in the freezer, relying on In re Manuel, 507 F.2d 990 (5th Cir. 1975).
In re Manuel involved an add-on clause in a security agreement by which the credit
The holding of In re Manuel does not apply to the stereo in this case. Goodyear’s security interest in the stereo by the explicit terms of the agreement was to terminate as soon as the purchase price of the stereo was paid. Because the collateral thus secured only debt representing its price, the security agreement did create a purchase money security interest which, being in a consumer good, did not need to be filed in order to be perfected.
The judgment of the bankruptcy judge is reversed and the case is remanded for further proceedings not inconsistent with this opinion.
Reference
- Full Case Name
- In re Douglas Hill STALEY. GOODYEAR TIRE & RUBBER COMPANY, d/b/a Goodyear Service Store v. Douglas Hill STALEY
- Cited By
- 1 case
- Status
- Published