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GREATHOUSE v. CHARTER NAT. BANK-SOUTHWEST

No. D-0296.

851 S.W.2d 173 (1992)

Carolyn GREATHOUSE, Independent Executrix of the Estate of Clyde R. Greathouse, Deceased, Petitioner, v. CHARTER NATIONAL BANK-SOUTHWEST, Respondent.

Supreme Court of Texas.

Rehearing Overruled December 22, 1992.

Supplemental Opinion on Rehearing December 22, 1992.

Attorney(s) appearing for the Case

Gary L. McConnell, Angleton, for petitioner.

Larry Huelbig, Audrey Seldon, Houston, for respondent.

OPINION

HECHT, Justice.

Section 9.504 of the Uniform Commercial Code, TEX.BUS. & COM.CODE § 9.504, requires that collateral must be disposed of in a commercially reasonable manner. The Code, however, does not allocate the burden of pleading and proving whether this requirement has been met in an action by a creditor against a debtor for the deficiency due after disposition of the collateral. We granted writ of error to resolve a split among Texas...

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