WYHY Federal Credit Union v. Burchell

RAPER, Justice.

This appeal is from a judgment awarding plaintiff-appellee $5,000.00 as compensation for defendant-appellant’s unlawful conversion of an automobile. Appellant attacks the district court’s finding that it unlawfully converted the property. Specifically it contends that it possessed a valid security interest in the automobile and that, therefore, it had a right to take possession upon default. Appellee responds that a security interest did not arise in this case; but even if it did, appellant’s failure to timely file a claim with the estate extinguished any rights it may have had.