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Questiоn Twо---- 60 Minutes Duncаn Debtоr is а successful plumber. He operаtes his plumbing business in his own name, not as a corporation or LLC, and operates out of an office in his house. The office is used only for his plumbing business, not for personal use. Duncan purchased a computer and a fancy four-in-one printer for his office. He made the purchase at Big National Retailer. BNR was running a “buy now, pay later” promotion, so he took the equipment home without paying any cash. He did, however, sign a credit agreement agreeing to pay in six months and granting BNR a security interest in the items he purchased. The items were identified by description and serial number. BNR did not file a financing statement covering the computer and printer. A few months later, Duncan purchased an antique pool table from his neighbor Ada. Duncan paid half the purchase price and signed a promise to pay the balance of the purchase price in six months. Duncan also signed an agreement stating that Ada had the right to repossess the pool table if Duncan failed to pay within 30 days of the due date. Ada did not file a financing statement. After Duncan had his pool table for a while, he realized that what he really needed was a game room. He therefore borrowed $20,000 from his local bank (Local Bank) and used the money to purchase a giant TV, comfortable chairs, a table-tennis table, a foosball table,[1] and a fancy poker table. He granted Local Bank a security interest in “game room furniture”, which was also listed by description (including the pool table). Local Bank filed a financing statement describing the collateral as “miscellaneous consumer goods”. After all these events took place, Duncan negligently installed a water heater in a client’s home, causing significant damage. The homeowner (Elsie) sued Duncan and miraculously obtained a judgment in a few months. Elsie is now a lien creditor and wants to collect on any of Duncan’s assets that are available. A. (15 minutes) Can Elsie collect against the printer, the pool table, and the other furniture? (Caution: that is three questions, not one question.) B. (10 minutes) If Duncan enters bankruptcy, who, as between Ada and Local Bank, will have the prior claim to the pool table? (Do not address bankruptcy issues.) Meanwhile, Foreign Bank, whom Duncan had never heard of, sent Duncan a letter stating that it had the right to repossess the pool table and that it would be coming to collect the table the following week. It turns out that Ada had granted Foreign Bank a security interest in the pool table (among other things) about a year before she sold it to Duncan. Foreign Bank perfected its security interest by filing properly. Ada is now in default and Foreign Bank has the right to possess the pool table. C. (10 minutes) Assuming that Foreign Bank filed properly, is its security interest good against Duncan? Why or why not? D. (5 minutes) When Ada sold the pool table to Duncan, what effect did that have on Foreign Bank’s financing statement (which was filed against Ada). E. (10 minutes) Assuming for this question only that Duncan is bound by Foreign Bank’s security interest, does Foreign Bank have the right to seize the pool table from Duncan’s house? END OF PART ONE. Submit your answer, take a break if necessary, and go on to Part Two. Don’t forget to complete Part Two. [1] If you don’t know what this is, you are lucky. It is a game table.