Lawwly

In re Wild West World, L.L.C., Debtor

United States Bankruptcy Court for the District of Kansas

66 U.C.C. Rep. Serv. 2d 1033 (2008)

Relevant factsFree

First National loaned Wild West World, L.L.C. (Wild West) over $6 million to build an amusement park, taking a security interest in all of Wild West's property and perfecting it by filing a financing statement in March 2006. Separately, Wild West had contracted with Larson to buy an amusement ride under a Texas-law agreement that reserved title in Larson until full payment, standard industry practice; Larson delivered the ride in March 2007 but didn't file a financing statement covering it until June 2007 — well over 20 days after delivery. When Wild West entered bankruptcy, the ride was sold for $85,800, and both First National and Larson claimed the proceeds.

IssueFree

Whether a seller of goods who provides a purchase-money loan always prevails over a prior perfected security interest holder.

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