Benschoter v. First National Bank of Lawrence

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the trial court granting a creditor judgment thereby affirming the creditor’s “self-help” repossession of the plaintiff’s property (pledged as security for a loan) pursuant to K. S. A. 84-9-503. The provision of that statute in the Uniform Commercial Code pertinent to this appeal reads:

“Unless otherwise agreed a secured party has on default the right to take possession of the collateral. In taking possession a secured party may proceed without judicial process if this can be done without breach of the…