General Motors Acceptance Corp. v. Bolinger (In Re Bolinger)

OPINION

HAROLD H. BOBIER, Bankruptcy Judge.

This controversy involves a dispute between General Motors Acceptance Corporation (G.M.A.C.) and the trustee of the bankrupt’s estate over a car claimed as security by G.M.A.C., based upon a purchase money security agreement. The sole question presented for decision in this case is whether or not it is a fatal defect to describe the collateral in the installment sale contract and security agreement as a “Chevrolet” when, in fact it was a “Pontiac”.

Findings of Fact

Delmont T. Bolinger, the bankrupt, purchased a used 1976 Pontiac, serial number…