In the Matter of Excello Press, Inc., Debtor. Appeal of Metlife Capital Credit Corporation

This case is indeed a difficult one and the majority’s opinion reflects the careful attention that my brothers have given to this multifaceted problem. My own study and reflection has brought me to the conclusion that our colleague in the district court correctly decided the issues necessarily before him and, consequently, that the judgment ought to be affirmed.

A

With respect to the adequacy of notice of the sale of the collateral, there is, as my brothers note, a conflict of authority as to whether U.C.C. § 9-504(3) requires written notification to the debtor or whether oral notification is…