Kruse v. Voyager Insurance Companies

The issue certified for our review is “whether a creditor’s failure to provide adequate notice of the sale of collateral establishes, as a matter of law, that the sale was commercially unreasonable so as to permit the debtor to not only defeat a prayer for a deficiency judgment but also obtain money damages under R.C. 1309.50(A).”

R.C. 1309.50(A) (UCC 9-507[l]) provides:

“If it is established that the secured party is not proceeding in accordance with the provisions of sections 1309.44 to 1309.50, inclusive, of the Revised Code, disposition may be ordered or restrained on appropriate terms and…