United States v. Duane G. Willis and Mary J. Willis

How courts have described this case

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

• holding that guarantor may invoke defense of commercial reasonableness
• noting that the U.C.C. “is the culmination of years of exhaustive study and effort, the purpose of which was to simplify, clarify, modernize and make uniform the laws of various jurisdictions concerning commercial practices and transactions”
• questioning commercial reasonableness of public sale that realized one fifth of what private offers had been
• applying Ohio law and holding for presumption despite recognition of an Ohio appellate court opinion clearly holding for forfeiture in Liberty National Bank v. Greiner, 62 Ohio App.2d 125, 405 N.E.2d 317, 322-23 (1978)
• requirement of commercial reasonableness of sale is part of federal common law and is non-waivable
• “Carried to its logical extreme, the [plaintiffs] view would permit it to collect the indebtedness from the guarantor even in a case where it had simply given the collateral away, or worse, destroyed it”

Source: CourtListener parenthetical corpus (CC0).