Legal Opinion

Gurwitch v. Luxurest Furniture Manufacturing Co.

Supreme Court of Georgia

Decided March 12, 1975No. 29452PublishedCited by 37 opinions

1Opinion of the Court

Ingram, Justice.

Certiorari was granted to review the opinion of the Court of Appeals reported in 132 Ga. App. 661 (209 SE2d 63). The facts of the case are well discussed there and need not be repeated for a statement of the single issue we decide. That issue is whether a creditor who fails to comply with Code Ann. § 109A-9 — 504 (3) in the sale of the collateral after repossession is barred from obtaining a deficiency judgment against the debtor.

The Court of Appeals resolved this issue in Division 2 of its opinion in favor of the creditor and held the creditor "still was entitled to receive…

2Cases cited3 opinions

  1. Braswell v. American National BankCourt of Appeals of Georgia · 1968
  2. Edmondson v. Air Service CompanyCourt of Appeals of Georgia · 1971
  3. Luxurest Furniture Manufacturing Co. v. Furniture Warehouse Sales, Inc.Court of Appeals of Georgia · 1974

3Cited by37 opinions

  1. Wilmington Trust Co. v. ConnerSupreme Court of Delaware · 1980
  2. Comfort Trane Air Conditioning Co. v. Trane Co.Court of Appeals for the Fifth Circuit · 1979
  3. Farmers Bank v. HubbardSupreme Court of Georgia · 1981
  4. Vickers v. Chrysler Credit Corp.Court of Appeals of Georgia · 1981
  5. Granite Equipment Leasing Corporation v. Marine Development CorporationCourt of Appeals of Georgia · 1976

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