You are here

Opinion 221

Case Name: 

I.F.S. Inc. v. Nat'l Credit Union Admin. Bd. (In re I.F.S. Inc.)

Judge: 
U.S. District Court, Utah
Date: 
Mar-13-1987
Case Number(s): 
86PC-0334
Status: 

APPEAL
Unpublished
See 201.pdf

Body: 

On appeal, debtor argued that a stock purchase agreement between its secured lender and a third party was not a U.C.C. § 9-504 contract because (1) all seller could transfer was its security interest in the stock, and (2) the contract included conditions that precluded termination of debtor's redemption rights. The district court held that a secured party's § 9-504 contract for sale of its collateral transfers all of debtor's rights to that collateral. Moreover, debtor could not assert conditions, which were expressly for buyer's benefit, to defeat a contract to which it was not a party. The bankruptcy court's decision was affirmed.

Internal Ref: 
Opinion 221
File: