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Kirk made a check payable to Haskin’s order for a debt she owed on open account. Haskin negotiated the check by blank endorsement to Carlson who deposited it in his checking account. The bank returned the check with the notation that payment was refused due to insufficient funds. Kirk is insolvent. Under the circumstances A. If Kirk files for bankruptcy, Haskin or Carlson could successfully assert that there had been an assignment of whatever funds were in Kirk’s checking account. B. If there is a proper presentment, and notice is properly given by Carlson to Haskin, Carlson may recover the amount of the check from Haskin. C. Kirk has a real defense assertable against all parties including Carlson, a holder in due course. D. Haskin or Carlson can correctly assert the standing of a secured creditor. |