Philip Werlein, Ltd. v. Harris

KLEES, Judge.

Defendant Alice Harris appeals the trial court’s judgment holding her liable to plaintiff for the unpaid balance on an installment contract. We reverse.

In September of 1982, plaintiff Philip Werlein, Ltd. [hereinafter “Werlein’s”] sold a saxophone to Mrs. Alice Harris on an installment contract. The sale was secured by a chattel mortgage on the instrument. Some time later, Mrs. Harris ceased making payments on the contract, and in May of 1983 she and her husband Marvin Harris filed for Chapter 7 bankruptcy.

The trustee in bankruptcy recognized the Harrises’ (community) debt to…