Carolyn Greathouse, Independent Executrix of the Estate of Clyde R. Greathouse, Deceased, Petitioner v. Charter…

Summary

The Texas Supreme Court held that in a deficiency action under UCC §9.504 the creditor must plead that the disposition of collateral was commercially reasonable; if the creditor pleads generally, proof is required only when the debtor specifically denies the allegation. Because Charter National Bank pleaded generally and the estate did not deny commercial reasonableness, the trial court’s judgment for the bank was affirmed. Two concurring opinions criticized the Court’s delay in issuing opinions.