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

Summary

The Texas Supreme Court held that a secured creditor must plead that its disposition of collateral was commercially reasonable under UCC §9.504, and must prove that allegation only if the debtor specifically denies it; because the debtor did not deny, the creditor was not required to prove commercial reasonableness and the trial court's judgment for the creditor was affirmed. The concurring opinions criticized the Court's delay in issuing the decision.