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Emmons v. Burkett

179 Ga. App. 838 (Ga. Ct. App. 1986)
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Emmons v. Burkett

3 Citing cases

  1. Emmons v. Burkett

    256 Ga. 855 (Ga. 1987)   Cited 38 times
    Holding that secured creditors who fail “to give notice of a sale ... [or] to conduct a commercially reasonable sale” may still recover a deficiency judgment provided that they overcome the “rebuttable presumption” codified in O.C.G.A. § 11–9–626

    DECIDED MARCH 19, 1987. RECONSIDERATION DENIED APRIL 2, 1987. Certiorari to the Court of Appeals of Georgia — 179 Ga. App. 838. Cohen, Pollock, Cooper, Comolli Stagg, John M. Comolli, Robert E. Stagg, Jr., for appellants.

  2. Okefenokee Aircraft v. Primesouth Bank

    676 S.E.2d 394 (Ga. Ct. App. 2009)   Cited 4 times
    Finding that the Bank's "election to repossess the collateral and then to file suit on the Note without first disposing of the collateral" was proper under the terms of the Note and the UCC

    Here, the Bank is attempting to reduce its claim to judgment; it is not seeking to recover a deficiency judgment. See Emmons v. Burkett, 179 Ga. App. 838, 841 (1) ( 348 SE2d 323) (1986) (recognizing the difference between an action on a note and a deficiency judgment action), rev'd on other grounds, 256 Ga. 855 ( 353 SE2d 908) (1987). As stated above, the law allows a secured creditor in possession of a debtor's collateral to employ a number of different remedial steps until the debt is satisfied.

  3. Emmons v. Burkett

    359 S.E.2d 691 (Ga. Ct. App. 1987)

    BEASLEY, Judge. Upon certiorari, the judgment affirming the trial court in Emmons v. Burkett, 179 Ga. App. 838 (1) ( 348 S.E.2d 323) (1986) has been reversed and the case remanded by the Supreme Court in Emmons v. Burkett, 256 Ga. 855 ( 353 S.E.2d 908) (1987), for further consideration consistent with the new "rebuttable presumption" rule adopted in lieu of the previously governing "absolute bar rule" for collateralized debt recovery. Accordingly, our former judgment is vacated.