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MBANK EL PASO, N.A. v. SANCHEZ

No. D-0233.

836 S.W.2d 151 (1992)

MBANK EL PASO, N.A., Petitioner, v. Yvonne SANCHEZ, Respondent.

Supreme Court of Texas.

Rehearing Overruled October 7, 1992.

Attorney(s) appearing for the Case

Royal Furgeson, Jr., Philip R. Martinez, Lauren K. Specht, El Paso, for petitioner.

David S. Arditti, Patrick L. Quinn, Victor R. Arditti, El Paso, for respondent.

OPINION

MAUZY, Justice.

Section 9.503 of the Texas Business and Commerce Code allows a secured creditor to use nonjudicial repossession "if this can be done without breach of the peace." The issue in this case is whether a secured creditor may avoid liability for breaches of the peace by using an independent contractor to carry out repossession. The court of appeals, applying section 9.503, held that a creditor...

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