Nelson v. John Deere Credit (In Re Troupe)

MEMORANDUM OPINION

T.M. WEAVER, Chief Judge.

Presented by the parties’ cross-motions for summary judgment is the issue of whether the debtors’ tractor, in which the defendant has a purchase money security interest, is consumer goods under Article 9 of the UCC. If it is, the defendant’s security interest is perfected even though the defendant did not file a financing statement. If not, the defendant’s security interest is unperfected and subject to avoidance. Because of representations in the security agreement regarding the debtors’ intended personal use of the tractor, and for the other…