KRUSE v. VOYAGER INS. COS.

No. 94-827.

72 Ohio St.3d 192 (1995)

KRUSE, APPELLANT, v. VOYAGER INSURANCE COMPANIES ET AL.; FIFTH THIRD BANK OF NORTHWESTERN OHIO, N.A., APPELLEE.

Supreme Court of Ohio.

Decided May 17, 1995.


Attorney(s) appearing for the Case

Boyk & McCulley and Steven L. Crossmock, for appellant.

Gregory Sova, for appellee.


ALICE ROBIE RESNICK, J.

The issue certified for our review is "whether a creditor's failure to provide adequate notice of the sale of collateral establishes, as a matter of law, that the sale was commercially unreasonable so as to permit the debtor to not only defeat a prayer for a deficiency judgment but also obtain money damages under R.C. 1309.50(A)."

R.C. 1309.50(A) (UCC 9-507[1]) provides:

"If it is established that the secured party is not proceeding...

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