AM. SEAWAY FOODS, INC. v. BELDEN S. ASSOC. L.P.

No. 94-767.

72 Ohio St.3d 514 (1995)

AMERICAN SEAWAY FOODS, INC., APPELLANT, v. BELDEN SOUTH ASSOCIATES LIMITED PARTNERSHIP, APPELLEE.

Supreme Court of Ohio.

Decided July 26, 1995.


Attorney(s) appearing for the Case

Benesch, Friedlander, Coplan & Aronoff, David W. Mellott, David W. Neel and N. Victor Goodman, for appellant.

Kahn, Kleinman, Yanowitz & Arnson Co., L.P.A., and M. Colette Gibbons, for appellee.


MOYER, C.J.

The sole issue certified to this court is whether a guarantor may waive, pursuant to R.C. 1309.44(C) and 1309.01(A)(4), the defenses to a deficiency judgment available under R.C. 1309.47(C) with respect to a private sale of collateral owned by a debtor. For the reasons that follow, we answer that question in the negative.

R.C. 1309.47(C), which governs a secured party's right to dispose of collateral after default, provides:

"* * * Unless...

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