Horwitz Ex Rel. Rainer v. Green Tree Financial Corp. (In Re Rainer)

MICHAEL J. KAPLAN, Chief Judge.

The Debtors here count among their “toys” a four-wheeled off-the-road ATV (all terrain vehicle) (Hovland) and a Sea Doo-brand PWC (personal watercraft) (Rainer).

The purchase money lender (coincidentally the same in the two otherwise unrelated cases) did not file financing statements because, it claims, these items are “consumer goods” that are not “motor vehicles” for purposes of UCC § 9-302(l)(d). And it derives that result from a definition of “motor vehicle” contained in a different body of state statutes, dealing specifically with vehicles and traffic. The…