SmartBrief
0
Confirm favorite deletion?
Bankruptcy Keyed to Bussel, 12th Ed.
Granfinanciera, S.A. v. Nordberg
Citation:
492 U.S. 33 (1989)Facts
In 1983, Chase & Sanborn Corporation filed a petition for reorganization under Chapter 11 of the Bankruptcy Code. After the reorganization plan was approved, the bankruptcy trustee, Nordberg, filed suit against Granfinanciera and Medex in 1985, alleging they had received $1.7 million from Chase & Sanborn’s corporate predecessor within one year of the bankruptcy filing without providing reasonably equivalent value in return. The trustee sought to avoid these allegedly fraudulent transfers under 11 U.S.C. §§ 548(a)(1) and (a)(2). The defendants requested a jury trial, but the Bankruptcy Judge denied this request, reasoning that a suit to recover a fraudulent transfer was a “core action” that was historically non-jury under English common law. After a bench trial, the Bankruptcy Court dismissed the actual fraud claim but entered judgment for the trustee on the constructive fraud claim. The District Court and Court of Appeals affirmed, with the latter holding that fraudulent conveyance actions are equitable in nature and that Congress could convert a legal right into an equitable claim by designating fraudulent conveyance actions as core proceedings.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.