Roemelmeyer v. Sears, Roebuck & Co. (In Re Nedeau)

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

The trustee brought this adversary proceeding to determine the validity, priority and amount of the liens of defendant, Sears, Roebuck & Company, in certain household furniture owned by the debtor (C.P. No. 1). At trial it developed that the debtor owns and Sears claims a security interest in an air conditioner which the trustee was unaware of. The complaint was amended orally at trial, and subsequently by written order (C.P. No. 6) to add this property to the complaint.

The sole issue is whether a valid security agreement exists as to…