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In re Troupe

United States District Court for the Western District of Oklahoma

340 B.R. 86 (2006)

Relevant factsFree

The Troupes bought a tractor from Deere (defendant) on credit for personal-use tasks like clearing irrigation ditches, signed a security agreement and credit application indicating personal use, and never signed Deere's commercial-use affidavit, even though they worked in the automotive industry, later used the tractor for actual farming, and claimed farming-loss tax deductions treating it as fully business-use equipment. After the Troupes filed Chapter 7, the trustee (plaintiff) sued to subordinate Deere's unfiled purchase-money security interest (PMSI) as unperfected, arguing the tractor was really commercial equipment requiring a financing-statement filing rather than consumer goods perfected automatically.

IssueFree

Must the holder of a purchase-money security interest continually monitor the debtor's use of the property to ensure that the interest is perfected?

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