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In re 364 N.B.E. Corp.
Citation:
2015 WL 9581323 (Bankr. E.D.N.Y. 2015)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. Review the Facts of this case here:
The debtor acquired a commercial condominium building located at 364 Myrtle Avenue, Brooklyn, New York. Between 2004 and 2006, to finance the development of the Property, loaned the debtor approximately $1,450,000 collateralized by mortgages on the property. On April 18, 2006, the debtor and Edge executed a mortgage agreement. After the debtor defaulted on the agreement, the debtor and Edge entered into a forbearance agreement, whereby the debtor acknowledged its default. On June 3, 2010, the debtor and J.A., as assignee of Edge, entered into a stipulation agreement whereby the debtor executed and delivered to an escrowee, Michael C. Manniello, a deed in lieu of foreclosure to the property. In early October 2013, the debtor tendered to the defendants in full all missed monthly payments for July through September. But, the defendants’ counsel returned these payments, explaining that the defendants had taken title to the property.
- 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.
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