Emmons v. Burkett

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a creditor’s failure to give notice of a sale or conduct a commercially reasonable sale, as required by OCGA § 11-9-504 (3
• holding that secured creditors who fail “to give notice of a sale ... [or] to conduct a commercially reasonable sale” may still recover a deficiency judgment provided that they overcome the “rebuttable presumption” codified in O.C.G.A. § 11-9-626
• absolute bar rule is harsh and contrary to intent of UCC because debtor may receive windfall and creditor may be arbitrarily penalized
• “[T]he presumption is raised that the value of the collateral is equal of the indebtedness. To overcome this presumption, the creditor must present evidence of the fair and reasonable value of the collateral and the evidence must show that such value was less than the debt.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

• Cottam v. Heppner
  Utah Supreme Court· 1989-07-07· cited 19×
• Victory Hills Ltd. Partnership I v. Nationsbank, N.A.
  Missouri Court of Appeals· 2000-08-01· cited 13×
• Davis v. Concord Commercial Corp.
  Court of Appeals of Georgia· 1993-07-16· cited 11×
• John P. Regan, Jr., Lois P. Regan v. U.S. Small Business Administration, Trust Company Bank of Augusta F/k/a the First National Bank of Thomson
  First Circuit· 1991-04-19· cited 10×
• Chittenden Trust Co. v. Andre Noel Sports
  Supreme Court of Vermont· 1992-12-04· cited 8×
• Ruden v. Citizens Bank & Trust Co.
  Court of Special Appeals of Maryland· 1994-04-01· cited 8×
• TAFEL v. LION ANTIQUE CARS & INVESTMENTS, INC.; And Vice Versa
  Supreme Court of Georgia· 2015-06-15· cited 8×
• Contestabile v. BUSINESS DEVELOPMENT CORP.
  Supreme Court of Georgia· 1990-01-12· cited 7×
• Business Development Corp. of Georgia, Inc. v. Contestabile
  Supreme Court of Georgia· 1992-02-20· cited 7×
• Clark v. General Motors Acceptance Corp.
  Court of Appeals of Georgia· 1987-12-01· cited 7×
• BRYANT INTERNATIONAL, INC. v. Crane
  Court of Appeals of Georgia· 1988-10-06· cited 6×
• Caterpillar Fin. Services Corp. v. Wells
  New Jersey Superior Court App Division· 1994-07-26· cited 6×
• Brack Rowe Chevrolet Co. v. Walls
  Court of Appeals of Georgia· 1991-11-15· cited 6×
• Bradford v. GENERAL ELECTRIC CREDIT CORPORATION OF GEORGIA
  Court of Appeals of Georgia· 1987-07-23· cited 5×
• Bales v. Central Bank & Trust Co.
  Court of Appeals of Georgia· 1992-06-26· cited 5×
• Ogletree v. Brokers South, Inc.
  Court of Appeals of Georgia· 1989-06-21· cited 5×
• Mathias v. Hicks
  Court of Appeals of South Carolina· 1987-12-14· cited 5×
• ROC-Century Associates v. Giunta
  Supreme Judicial Court of Maine· 1995-05-12· cited 4×
• Colonial Pacific Leasing Corp. v. N & N Partners, LLC
  N.D. Georgia· 2013-11-04· cited 4×
• Willis v. Healthdyne, Inc.
  Court of Appeals of Georgia· 1989-05-09· cited 3×

Cites

7 cases in this archive are cited by this case.

• Farmers Bank v. Hubbard
  Supreme Court of Georgia· 1981-04-09· cited 47×
• Gurwitch v. Luxurest Furniture Manufacturing Co.
  Supreme Court of Georgia· 1975-03-12· cited 37×
• First Galesburg National Bank & Trust Co. v. Joannides
  Illinois Supreme Court· 1984-09-20· cited 37×
• Reeves v. Habersham Bank
  Supreme Court of Georgia· 1985-07-03· cited 26×
• Spillers v. First National Bank
  Appellate Court of Illinois· 1980-02-11· cited 25×
• United States Ex Rel. Farmers Home Administration v. Kennedy
  Supreme Court of Georgia· 1986-10-08· cited 17×
• Emmons v. Burkett
  Court of Appeals of Georgia· 1986-07-08· cited 3×

Other cases named Emmons v. Burkett

2 other CourtListener records share this case name.

• Emmons v. Burkett
  Court of Appeals of Georgia· 1986-07-08· cited 3×
• Emmons v. Burkett
  Court of Appeals of Georgia· 1987-06-22