United States Eighth Circuit

Secured creditor sold collateral in commercially unreasonable manner and is deemed to retain collateral in satisfaction of debt. Under Texas law, secured creditor is barred from seeking deficiency judgment; creditor is also precluded from foreclosing on the real estate.

Appellate Information

• Decided 12/08/2003
• Published 12/08/2003

Judges

• RILEY, Circuit Judge., Before MORRIS SHEPPARD ARNOLD and RILEY, Circuit Judges, and BOGUE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David F. Herr, argued, Minneapolis, MN (Scott R. Carlson, on the brief), for appellant.


• For Appellees:
  
• Todd R. Haugan, argued, Wayzata, MN (Scott G. Knudson and Jack Y. Perry, on the brief), for appellee.