Floyd

Defendant debtor appeals from a deficiency judgment entered on a claim for breach of an indebtedness secured by a helicopter. Defendant contends the judgment is not supported by the evidence because, among other things, he did not received adequate notice prior to sale of the collateral. We agree and reverse.

Facts and Procedural History

On December 26, 1991, William C. Moore Helicopter Services (the partnership), a general partnership composed of William C. Moore (Moore), David Le Beouf, Peter Marek, and defendant Alvie Floyd (Floyd), borrowed $241,110 from plaintiff Union Safe Deposit Bank (the Bank). In connection with the loan, the partnership issued an installment note signed by all four partners and the Bank took a security interest in a 1979 Bell 206BIH helicopter (the helicopter) owned by the partnership. On February 12, 1993, the debt was refinanced, with the partnership executing a new installment note signed by Floyd, Moore, and Lyle Coe, a new partner.

The loan went into default in November 1993 and the Bank repossessed the helicopter. On August 12, 1994, the Bank sent, by certified mail, to the partnership and each partner, including Floyd, a notice of…