Bank of Beaver City v. Barretts’ Livestock, Inc.

The issue before the Supreme Court in this case was whether the good faith requirement of 12A O.S. 2011 section 2-403 extended to third parties and requires that the third party be notified of a debtor's financial condition. The trial court found the interest of Plaintiff-Appellee Bank of Beaver City (Bank) in the livestock of cattle operation and debtor Lucky Moon Land and Livestock, Inc. (Lucky Moon) to be superior to that of another creditor of Lucky Moon, Defendant-Appellant Barretts' Livestock, Inc. (Barretts). The Bank alleged that in 2004 it perfected a security interest in all of Lucky Moon's livestock, including all after-acquired livestock, giving it a superior claim to cattle purchased by Lucky Moon from Barretts to satisfy the debt owed by Lucky Moon to the Bank. Barretts asserted that the Bank did not have priority over it because the Bank was not a good faith secured creditor. The trial court granted the Bank's motion for summary judgment, finding that the Bank's perfected security interest had preference over Barretts' unperfected security interest. Barretts appealed, contending that Bank did not have a superior security interest because: 1) the Bank's security interest never attached; and 2) the Bank had not acted in good faith. The Court of Civil appeals affirmed the judgment of the trial court. The Bank sought certiorari, contending that: 1) the case presents an issue of first impression as to when good faith under 12A O.S. 2011 section 2-403 should be determined; 2) Bank's security interest never attached; and 3) the Court of Civil Appeals' decision was inconsistent with a different decision of the Court of Civil Appeals on which the court relied. Upon review, the Supreme Court held that 12A O.S. 2011 section 2-403 did not extend to third parties nor require that the third party be notified of a debtor's financial condition. View "Bank of Beaver City v. Barretts' Livestock, Inc." on Justia Law