For Your Data Credit Bureau Of Broken Bow, Inc. V. Moninger Representative Brief
August 31, 2019
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Credit Bureau of Broken Bow, Inc. v. Moninger illustration brief summary
204 Neb. 679
CASE SYNOPSIS
Plaintiff judgment creditor sought review of the lodge of the District Court for Custer County (Nebraska) which affirmed a judgment entered yesteryear the county courtroom awarding the proceeds from a sheriff's sale of accused judgment debtor's truck to accused bank.
CASE FACTS
After the entry of the judgment creditor's default judgment against the judgment debtor, the judgment debtor renewed a authorities notation amongst the bank. No safety understanding was signed. H5N1 writ of execution was issued on the judgment. When the sheriff levied on the truck, the judgment debtor informed him that the truck was safety for the bank's loan. The sheriff did non accept immediate possession of the truck. The judgment debtor in addition to the banking company executed in addition to filed a safety understanding on the truck. The truck was sold upon the writ of execution. The sheriff filed a motility for a decision of the segmentation of the proceeds.
204 Neb. 679
CASE SYNOPSIS
Plaintiff judgment creditor sought review of the lodge of the District Court for Custer County (Nebraska) which affirmed a judgment entered yesteryear the county courtroom awarding the proceeds from a sheriff's sale of accused judgment debtor's truck to accused bank.
CASE FACTS
After the entry of the judgment creditor's default judgment against the judgment debtor, the judgment debtor renewed a authorities notation amongst the bank. No safety understanding was signed. H5N1 writ of execution was issued on the judgment. When the sheriff levied on the truck, the judgment debtor informed him that the truck was safety for the bank's loan. The sheriff did non accept immediate possession of the truck. The judgment debtor in addition to the banking company executed in addition to filed a safety understanding on the truck. The truck was sold upon the writ of execution. The sheriff filed a motility for a decision of the segmentation of the proceeds.
PROCEDURAL HISTORY
The county courtroom entered an lodge awarding the proceeds to the bank. The district courtroom affirmed.
The courtroom reversed the judgment of the district courtroom affirming the lodge of the county courtroom awarding to the banking company the proceeds of a sale of the judgment debtor's truck, upon the sheriff's motility for a decision of the segmentation of the proceeds from the sale of the truck upon a writ of execution issued on the judgment creditor's judgment.
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DISCUSSION
- On appeal, the courtroom reversed.
- The courtroom held that the judgment creditor was a lien creditor without noesis of the safety involvement that the banking company claimed inward the truck, nether U.C.C. § 9-301 in addition to Neb. Rev. Stat. § 25-1504 (1943).
- A valid levy occurred earlier the banking company perfected its safety involvement inward the truck, fifty-fifty though the sheriff failed to accept physical possession.
- The judgment creditor so had prior rights to the proceeds of the sheriff's sale.
The courtroom reversed the judgment of the district courtroom affirming the lodge of the county courtroom awarding to the banking company the proceeds of a sale of the judgment debtor's truck, upon the sheriff's motility for a decision of the segmentation of the proceeds from the sale of the truck upon a writ of execution issued on the judgment creditor's judgment.
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