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HARTFORD-CARLISLE SAV. BANK v. SHIVERS

No. 96-909.

566 N.W.2d 877 (1997)

HARTFORD-CARLISLE SAVINGS BANK, Plaintiff-Respondent, v. Larry R. SHIVERS, Defendant-Movant. Anita L. Shodeen, Trustee.

Supreme Court of Iowa.

July 23, 1997.

Attorney(s) appearing for the Case

John P. Roehrick of Roehrick, Hulting, Blumberg & Kirlin, P.C., Des Moines, for Defendant-Movant.

Robert M. Benton of Stuyvesant & Benton, Carlisle, for Plaintiff-Respondent.

Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, ANDREASEN, and TERNUS, JJ.

LAVORATO, Justice.

The case comes to us on six certified questions from the federal district court. The questions concern the viability of the absolute bar rule in Iowa. The rule bars a secured creditor from obtaining a deficiency judgment when the creditor fails to give the debtor notice of the sale of collateral required by Iowa Code section 554.9504(3) (1993). We had strictly applied the rule until Barnhouse v. Hawkeye State Bank, 406 N...

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