When Ziluck submitted the application for his Radio Shack credit card, he signed an application that had

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When Ziluck submitted the application for his Radio Shack credit card, he signed an application that had the following statement above the signature line: “I have read the Radio Shack Credit Account and Security Agreement, including the notice provision in the last paragraph thereof. . . . And I agree to the terms of the Agreement and acknowledge receipt of a copy of the agreement.” The Security Agreement referred to was on the back of the application and read in part: “We retain a security interest under the Uniform Commercial Code in all merchandise charged to your Account. If you do not make payments on your Account as agreed, the security interest allows us to repossess only the merchandise that has not been paid in full.” Ziluck later filed for bankruptcy. The bankruptcy court had to determine whether or not this was a valid security agreement. It decided that it was not because (1) the signature was on the opposite side of the form from the “Agreement,” and (2) any collateral subject to the agreement would be improperly described. Radio Shack appealed the decision of the bankruptcy court. Does Radio Shack have a case? Why or why not? (In re Ziluck, 139 Bankruptcy Reporter 44)

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