Wilmington Trust Co. v. Conner

HERRMANN, Chief Justice:

In this action to recover a deficiency judgment under the Delaware Uniform Commercial Code, 6 Del.C. § 9-502(2), 1 in an automobile repossession case, we are asked to decide: (1) whether the notice of resale of the automobile after repossession sent by the creditor to the debtor was defective under 6 Del.C. § 9-504(3); 2 (2) if so, whether the defective nature of the notice precludes the creditor from obtaining a deficiency judgment under the Code; and (3) whether the debtor, in his counterclaim under 6 DeLC. § 9-507(1), 3 is entitled to statutory damages.

I

On December…