Problem
John J. Swooshnia operated a sole proprietorship known as Spoke City Masonry. Some of his work tools were located at his home at 1619 Melody Lane; some were held by Aberdeen Finance, Inc. ("AFI"); some were at a previous business location on East Highway 12; and some were at a business place known as Granite Works located at 15 North State Street. Debtor did not have any interest in the Granite Works business. Located at 15 North State Street were some bricks and scaffolding he owned.
On July 1, 2003, Swooshnia borrowed money from AFI and he gave AFI a security interest in certain personal property. The financing statement was appropriately and timely filed. The note and security agreement described this collateral as:
"TOOLS AND INVENTORY USUAL TO A MASONRY COMPANY LOCATED 1619 MELODY LANE ABERDEEN, SD." The financing statement described the collateral as "All Tools and Equipment Usual to a Masonry Company Located at 1619 Melody Lane, Aberdeen, Brown County, SD."
On March 14, 2005, Swooshnia filed a Chapter 7 petition in bankruptcy. In order to repay some debts, case trustee Brooks C. Alfred filed a motion seeking court approval to sell the bricks and scaffolding that had been located at 15 North State Street with any secured interests attaching to the proceeds. No proof was given that the bricks and scaffolding were located at 1619 Melody Lane when Debtor gave AFI its security interest and then they were later moved to 15 North State Street.
AFI objected on grounds that it had a secured interest in the personal property to be sold based on the note, security agreement, and financing statement described above, all which described usual masonry tools. AFI in its brief argued that its security documents included the bricks and scaffolding at the State Street location. It argued that the incomplete description of the personal property's location was not fatal. Further, AFI argued, third parties would not be misled by the inclusion of Swooshnia's home address because the documents essentially encompassed all tools "usual to a masonry company."
• Does AFI's secured interest include to property located at 15 North State Street?
• What rules/terms from the chapter are relevant/needed to answer?
• What additional facts would you like to see?