1. It was the state’s different filing system that allowed the court to reach a conclusion in this case that was different from the decision reached in Kinderknecht. Does the court’s conclusion make sense in this case?
2. The court could have required a stricter standard for PMSI filings analogous to the Article 9 standards. What was the court’s primary reason for rejecting that standard here?
3. Would a one-character error in the VIN number but a correct filing of the name have rendered the same result? Does it seem ethical for a creditor to lose his or her secured status because of such a minor difference in spelling? What are the pros and cons? Who are the stakeholders and what do they have to gain or lose? Does it matter that they can lose their secured status through no fault of their own, but instead a clerical error over which they had no control? What about the sheer numbers of potential errors when a business like GMAC, which finances millions of cars, has the potential for such losses? What about the impact of our country becoming more diverse with many new names from other countries with spellings that are so easily entered incorrectly?

  • CreatedSeptember 23, 2015
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