G&K Farms, a North Dakota partnership, operated a farm in Texas. G&K was insured under the Supplemental

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G&K Farms, a North Dakota partnership, operated a farm in Texas. G&K was insured under the Supplemental Revenue Assistance Payments Program (SURE), through which the federal government provides financial assistance for crop losses caused by natural disasters. PHI Financial Services, Inc., loaned G&K $6.6 million. PHI filed a financing statement that described the collateral as the debtor’s interest in “Government Payments.” The document did not refer to the farm’s crops. G&K defaulted on the loan. Later, G&K received a SURE payment for crop losses and transferred some of the funds to its law firm, Johnston Law Office, P.C., in payment for services. PHI brought an action against Johnston to recover those funds as partial payment on its loan to G&K. Johnston argued that PHI did not have a perfected security interest in the SURE payment because the financing statement did not identify the crops. Was the description of the collateral in the financing statement sufficient? Why or why not? [PHI Financial Services, Inc. v. Johnston Law Office, P.C., 2016 ND 20, 874 N.W.2d 910 (2016)] (See Perfection of a Security Interest.)

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Business Law Text And Cases

ISBN: 9780357129630

15th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller

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