Debtors main concerns on a debtors default

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Reference no: EM131436522

In St. Louis, MO, in August 2000, Richard Miller orally agreed to loan Jeff Miller $35,000.00 in exchange for a security interest in a 1999 Kodiak dump truck. The Millers did not put anything in writing concerning the loan, its repayment terms, or Richard’s security interest or rights in the truck. Jeff used the amount of the loan to buy the truck, which he kept in his possession. In June 2004, Jeff filed a petition to obtain discharge of his debts in bankruptcy. Richard claimed that he had a security interest in the truck and thus was entitled to any proceeds from the sale. What are a creditor’s main concerns on a debtor’s main concerns on a debtor’s default? How does a creditor satisfy these concerns? What are the requirements for a creditor to have an enforceable security interest? What is the court likely to do with respect to Richards claim?

Reference no: EM131436522

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