CIT Financial Services v. Herb's Indoor RV Center, Inc.

The dispositive issue — indeed, the only issue remaining after the first appeal in this case — is whether CIT Financial Services has acted in a commercially reasonable manner as required by I.C. § 28-9-504(3). To this question the district court answered “yes.” My colleagues have voted to affirm, yet they do not discuss the reasonableness issue directly. For reasons set forth below, I respectfully dissent.

I

Begging the reader’s indulgence, I will recount briefly the narrative and procedural facts framing the issue of commercial reasonableness. A retailer (Herb’s Indoor RV Center) sold a…