Question: Jacob Phillips and his wife Charlene jointly owned the Village

Jacob Phillips and his wife, Charlene, jointly owned the Village Variety 5 & 10 Store in Bluefield, Virginia. In addition, Mrs. Phillips was a computer science teacher at the Wytheville Community College. On December 1, 1984, Mrs. Phillips entered into a retail installment sales contract with Holdren's, Inc., for the purchase of a Leading Edge color computer and Panasonic printer. The contract, which was also a security agreement, provided for a total payment of $3,175.68, with monthly payments of $132.32 to begin on March 5, 1985. On December 1, 1984, Holdren's assigned the contract to Creditway of America. At the time of purchase, Mrs. Phillips advised Holdren's that she was purchasing the computer for professional use in her teaching assignments as well as for use in the variety store. One of the software programs purchased was a practical accounting program for business transactions. Mrs. Phillips also received a special discount price given by Holdren's to state instructors buying for their teaching use. She used the computer in the Village Variety 5 & 10 Store until it closed in April 1985. In June, the Phillipses filed a petition under Chapter 7 of the Bankruptcy Act. At the time, they owed $2,597.79 on the computer. No financing statement was ever filed. Creditway filed a motion in the bankruptcy proceeding, claiming that it had a valid lien on the computer and seeking to be permitted to repossess it. Does Creditway have a perfected security interest in the computer?

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  • CreatedJuly 16, 2014
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