In the Matter of Earl L. Carter, D/B/A Highland Farms, Bankrupt. Wells Fargo Bank v. Earl L. Carter, D/B/A Highland Farms, Debtor-Appellee

OPINION

Before BROWNING and WRIGHT, Circuit Judges, and PECKHAM, District Judge. * EUGENE A. WRIGHT, Circuit Judge:

This is an appeal from a district court order affirming the decision of a referee in bankruptcy denying Wells Fargo’s claim for a deficiency owed on a tomato harvester.- We affirm.

The debtor, Earl L. Carter, had purchased the harvester under an equipment sale contract and security agreement which covered a secured balance of $8,000. The seller assigned the contract to Wells Fargo. Carter failed to make the first payment due under the contract and subsequently filed a petition for…