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In re Dearth, Case No. 89-01302-7 (01/21/1992) -- Judge Thomas S. Utschig

Case Summary:
Security interest of objecting creditors did not have purchase money status so as to warrant denial of debtors' motion to avoid the creditors' lien in a Ford tractor.  Mere fact that creditors were co-makers on a note, part of the proceeds of which were used to pay off the balance on their son's tractor, did not give them an interest in that tractor.  Creditors therefore did not "give value" for purposes of Wis. Stat. § 409.107, the Wisconsin purchase money security interest provision.

Statue/Rule References:
Wis. Stat. § 409.107 -- Purchase Money Security Interest

Key Terms:
Security Interests - "Giving Value"
Security Interests - Purchase Money


Date: 
Tuesday, January 21, 1992