In re Flager

2 Citing cases

  1. Stamey Cattle Co. v. Wright

    No. 5:17-cv-147 (S.D. Ga. Feb. 19, 2019)

    This agreement must be authenticated with a signature by the party against whom it is to be enforced in accordance with the Statute of Frauds. See id. § 11-9-102 (a) (7) (defining "authenticate"); In re Flager, Jr., No. 07-50293-JDW, 2007 WL 1701812, at *2-3 (Bankr. M.D. Ga. June 8, 2007) (Thus, the need for authentication imposes "an evidentiary requirement in the nature of a Statute of Frauds." (quoting U.C.C. § 9-203, cmt. 3)). "A security agreement need not be in any particular form so long as it consists of a writing signed by the debtor that reasonably describes the collateral and includes language evidencing an intent to create a security interest."

  2. Simmons v. Brown (In re Brown)

    CASE NO. 14-72940-BEM (Bankr. N.D. Ga. Apr. 28, 2015)

    The document need not invoke any magic words or include a specific grant of a security interest. In re Hollie, 42 B.R. 111, 117 (Bankr. M.D. Ga.1984); see also First Nat'l Bank v. Alba (In re Alba), 429 B.R. 353, 357-58 (Bankr. N.D. Ga. 2008) (Diehl, J.); In re Flager, No. 07-50293, 2007 Bankr. LEXIS 2027, at *4-5 (Bankr. M.D. Ga. June 8, 2007). The third element of enforceability may be satisfied by other means, none of which are applicable in this case.