Ruden v. Citizens Bank & Trust Co.

How courts have described this case

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

• stating that “the debtor without notice of the same can be effectively prevented from exercising his right to redemption” (quotation simplified)
• stating that “a debtor may still, of course, be damaged” by a commercially unreasonable sale, but noting that such damage “may be quantified in monetary terms”
• noting that most courts that follow the absolute bar approach “do so regardless of whether the noncompliance was the failure to give notice or the failure to conduct the sale in a commercially reasonable manner”
• describing the “presumption that the actual value of the collateral at the time of the wrongful sale is equal to the balance due to the secured party” (quotation simplified)
• “[T]he mere fact that the sale is commercially reasonable in other regards does not adequately atone for the failure to give notice.”
• noting a “growing awareness of the qualitative difference between 1

Source: CourtListener parenthetical corpus (CC0).